The handling of a non-payment of rent with a lawyer from the insurance company involves the following steps:
1. The receipt of the case file is acknowledged. If the required documentation is not already on file, this will be requested.
2. The details of the lease agreement are reviewed and compared with those of the policy issued and the waiting period is assessed (the period of time, calculated in months elapsed since the effective date of the policy, during which part of the coverage included in the policy is not effective). If a guarantor is mentioned in the agreement, a ‘burofax’ (document by certified fax) is sent to the guarantor to claim the rents, stating the amount and the months to which the debt corresponds (without this, the guarantor cannot be included in the claim).
3. If everything is correct, we request a general power of attorney for litigation in favour of the solicitors belonging to the judicial district where the property is located (and confirm the unpaid rents up to that moment) and we request a certificate of ownership of the bank account to proceed with the payments.
4. When we receive a power of attorney, we pay the bill for the power of attorney to the account provided to us.
5. We entrust the company lawyer with the drafting and submitting of the corresponding eviction lawsuit (this is submitted within around a week from having the documentation).
6. We proceed to make advance payments of unpaid rents considering excess payment. Rent advances are always paid in arrears.
7. Once the ejectment was completed and the property is vacant, the final calculation of the compensation for non-payments of rent is made:
- Only the sums that the judgement (in case there is one) recognises as due will be compensated.
- The rent corresponding to the last month will be prorated considering the actual days in which the property has been rented.
- In the event that the deposit is not allocated in full to amounts other than the rent, the excess will reduce the total debt to which the excess is applied.