Claim for non-payment of rent
The oral proceedings shall begin with a brief claim, stating the particulars and circumstances identifying the plaintiff and the defendant and the address or addresses at which they may be summoned, and stating clearly and precisely what is sought.
In oral proceedings in which a sum not exceeding EUR 2 000 is claimed, the plaintiff may make his claim by filling in standard forms which shall be available to him at the court concerned.
If in the claim the eviction of the urban property is requested due to non-payment of rents or amounts owed to the lessor, or due to legal or contractual expiry of the term, the plaintiff may announce therein that he assumes the commitment to reimburse the lessee all or part of the debt and the costs, with expression of the specific amount, making it conditional upon voluntary eviction from the property within the term indicated by the lessor, which may not be less than fifteen days from the notification of the claim. Likewise, in the claim, the execution of the eviction may be requested on the date and at the time set by the Court for the purposes indicated in section 3 of Article 549.
In no case shall a counterclaim be admissible in oral proceedings which, according to the law, must end in a judgement without the effects of res judicata. In other oral proceedings a counterclaim is only admissible if it is notified to the plaintiff at least five days before the hearing, does not determine the inadmissibility of the oral proceedings and there is a connection between the claims of the counterclaim and those which are the subject matter of the main action.
When in oral proceedings the defendant raises a compensable claim, he must notify the plaintiff at least five days before the hearing. If the amount of the compensable claim that the defendant may allege is greater than that which determines the oral proceedings, the court shall consider that such allegation has not been made, and shall so advise the defendant, so that he may exercise his right before the court and through the appropriate procedures.
The objective accumulation of actions shall not be admitted in oral proceedings, with the following exceptions:
- The accumulation of actions based on the same facts, provided that in any case the oral trial is appropriate.
- The accumulation of the action for compensation for damages to another action that is prejudicial to it.
- The accumulation of actions in claim for rent or similar amounts due and unpaid, when it is a matter of eviction proceedings for non-payment or for legal or contractual expiry of the term, irrespective of the amount claimed. Likewise, actions brought against the guarantor or joint and several guarantor may also be joined upon demand for unpaid payment.
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