How can I recover possession of a rustic property?
How do I repossess a country estate? The eviction action.
It is very common for the owners of rustic farms to find themselves facing problems in recovering possession of their land, or in the face of unauthorized uses of the land, discharges, occupied farms, non-payment of rent etc In these cases, when the landlord wants to recover possession of the land, but the tenant refuses, it is necessary to resort to the eviction procedure.
In the matter at hand, the Law 49/2003, of November 26, on Rustic Leases lists in article 25 the causes for termination of the lease at the request of the landlord, which are the following:
- Lack of payment of rents and amounts assimilated to rent.
- Seriously failing to comply with the obligations to improve or transform the property that the lessee had assumed and those others that are imposed by law or by judicial or administrative resolution. This reason is implicitly included in article 1124 of the Civil Code, when it includes the general consequences of non-compliance with obligations.
- Not exploit the farm, or part of it, for purposes or uses other than those contractually provided. However, the contract cannot be terminated when the change in use is promoted by programs and plans necessary for the perception of economic aid or compensation.
- Sublet or assign, without the express consent of the landlord.
- Rustic properties that, due to a change in planning, become urban or developable.
- For causing serious damage to the property, as long as there is intent or manifest negligence.
Article 26 of the Rustic Leasing Law adds a cause for contractual termination, which is the breach of the obligation to pay the necessary conservation and improvement expenses of the property. The lessee has to carry out those repairs, improvements and investments that are typical of the agricultural entrepreneur in the normal performance of his activity, and those that are attributed to him by legal provision, judicial or administrative resolution, or by firm agreements of the irrigation community.
In the event of any of these causes, if the tenant refuses to abandon the property, the landlord may go to court to recover possession of the property. farm, through the eviction procedure.
It is important to note that before starting the process, as established in article 12 of the LAR, the landlord notifies the tenant reliably of his desire to recover the properties and terminate the contractual relationship.
The casuistry shows that the majority of evictions of rustic lands are due to non-payment, repeated breaches of the contract, especially when they affect the use of the land, or that may entail sanctions of PAC.
There are numerous judgments that resolve eviction, for any of the reasons outlined, and also grant compensation for damages to the landlord. Among others, it is appropriate to cite the Judgment dated July 26, 2017, of the Third Section of the Provincial Court of Pontevedra, which upholds the eviction action of a rustic property, since there is not enough title to occupy the property, and also without paying any type of consideration, rent or grant. This assumption is very common in rural areas where the farms do not have much space, and they are leased and transferred without any consideration.
Any questions you have, contact us, we will offer you the advice you need in this type of situation.
You may be interested in: “Department specialized in Agrarian Law “
Patricia Prendes
Director of the Department of Agrarian Law
10/03/2022
