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Evictions

“Dove non c’è legge non c’è libertà”

John Locke

Legal protection for owners and tenants in cases of default, end of lease and illegal occupation. Qualified assistance is offered in procedures related to evictions, providing advice both to property owners who wish to recover possession of the leased property and to tenants who need to defend themselves from release orders or find alternative solutions. Disputes between landlord and tenant can arise for various reasons: failure to pay rent, permanence of the tenant after the expiration of the contract, occupation without title. In all these cases it is necessary to act promptly to protect one’s rights.

When can you take action for eviction?

The eviction procedure can be started in three main cases:

  • Eviction for non-payment.

    : when the tenant does not pay the rent or additional costs (for example, condominium charges), even for just one month

  • Eviction due to lease termination

    : when, upon expiry of the contract, the tenant does not spontaneously leave the property.

  • Eviction for occupation without title

    : in cases where the contract has expired or is void, or the property is occupied by persons without legal authority.

Each of these situations requires targeted legal action, which the LBMG Law Firm is able to handle with competence and speed.

The eviction procedure: phases and times

Eviction is a special judicial procedure that allows the landlord to obtain, in a short time, the release of the property and the condemnation to pay the sums due.

The main phases are:

  1. Notice of eviction and summons for validation before the Court;
  2. Hearing for the validation of the eviction (in the absence of opposition);
  3. In the event of opposition from the tenant, an ordinary trial on the merits is opened;
  4. In case of validation, the Judge issues the release order;
  5. After the deadline has expired, the enforcement is carried out by a judicial officer.

The procedure can take from a few months to over a year, depending on the tenant’s cooperation, the Court’s availability and the possible need for coercive intervention.

Eviction and Tenant Defense

The tenant also has the right to legal protections when faced with an eviction proceeding. The LBMG Law Firm also offers assistance to tenants, in cases where:

  • want to pay off the arrears (by requesting the grace period provided by law);
  • intend to present valid reasons for the release of the property;
  • need to negotiate longer times for eviction;
  • consider the eviction to be illegitimate or abusive.

In such situations, it is essential to act promptly and with the assistance of an experienced lawyer.

Why contact the LBMG Law Firm

Our firm boasts consolidated experience in managing rental disputes, both in the residential and commercial sectors. We guarantee complete and personalized assistance, which includes:

  • Study of the documentation and preliminary evaluation of the case;
  • Drafting of documents and management of each procedural phase;
  • Support in the executive phase (also in coordination with the judicial officer and law enforcement);
  • Negotiation of agreements for the voluntary return of the property or for the payment of sums due.

If you are a landlord seeking to evict a delinquent tenant or a tenant who has received a notice to vacate, contact LBMG Law Firm for comprehensive, tailored advice.

LBMG Law Firm – Effective solutions in tenancy conflicts.