A few years ago, the owner of an apartment, the victim of a recalcitrant tenant - a tenant who decided to stop paying rent or who has decided to break the lease one way or another - was forced to start a procedure judicial long and tiring so to be able to evict the tenant from the apartmentThe owner is unable to evict the tenant from the apartment by force, although the apartment belongs to him. In the case or it would make use of the force, the police could intervene on order of the Court of Justice. Needless to emphasize that during this period, the owner continues to suffer damages, whether in terms of the loss of rent, or the default of payment of the taxes borne by the renter (condo fees, debt to the electricity company, water, property tax, etc). Your tenant does not fulfill its obligations, and you want to expel her from the apartment. Master Michael Decker, lawyer israel specializing in real estate in Jerusalem, explains to you in the following article, what is the procedure to follow to evict a tenant who refuses to pay the rent to which he is committed. There is a special procedure, designed specifically to evict a recalcitrant tenant of the property. This procedure is called"application for eviction of a tenant who is not protected" It should be noted that the purpose of this procedure is, among other things, to shorten the time of the evacuation procedure active, so that in some cases, obtaining a judgment ordering the eviction of the tenant of the apartment will be done within sixty days of the filing of the application. Since the advent of this procedure, the israeli legal system offers owners a response to the phenomenon of recalcitrant tenant, the fact that the owner has in the hands a rapid and efficient process. This is a real relief in their worries, release their property from the possession of a recalcitrant tenant. The procedure begins with the filing of a complaint, including the warnings and all the necessary documents to the judicial proceedings, with of the competent court, so that the application can begin to be processed.
Dice the filing of the statement of defence, the court must hold a hearing within thirty days (this is a very short time to a israeli jurisdiction).
The purpose of the request for eviction of a tenant who is not protected is released the apartment to the occupancy of the tenant. In other words, such a request may not include a monetary claim in respect of compensation for loss of rent, or any other compensation for the damage suffered by the owner. The implementation of this procedure does not, however, preclude the possibility left to the owner to claim the money that is owed to him by the tenant in respect of rent arrears. It may also ask the reparation of the financial loss by the recalcitrant tenant by the activation of the judicial process to the Court or tribunal of competent jurisdiction, according to the amount of the claim. In summary, it is current want to acquire a property and rent it out to make a profit. But sometimes, unfortunately things get complicated and the tenants do not comply with the obligations that their ascribe the rental agreement. If you have a problem with a recalcitrant tenant, there is no need to panic It is enough to know how to act correctly and apply the law.
The tenant's eviction is a legal process that requires knowledge and experience to achieve results very quickly and effectively.
It is therefore recommended to implement this procedure through a lawyer specialized in this field.
