The most serious is that if that process win in two instances, nothing says that paying tenant has acted in bad faith to pay the debt accumulated by not paying rent.
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| Homelessness. Luz Benavente (who accompanied his son Emilio) Pita Lazo fears remain in the department that hired him without paying his debt. (Photo: Karen Zárate) |
By Cesar Sarria Gomi
A Luz Benavente, Jesus Alberto Lazo Pita seemed like an honorable person since hitting door for the first time to ask for the department in Surco, in September 2008. He introduced himself as a lawyer and that convinced her. He would rent for a year, monthly S/.700.
What Benavente Lazo never suspected was that just use their knowledge of law to extend his tenure in that department in the Los Sauces sun without paying rent.
IF
The problems began months later, when Lazo, a difficult person to deal, in his home, refused to pay the maintenance department. After a series of complaints and conflicts, Benavente decided not to renew his contract. When I reported, Lazo said, "We will go to trial. As a lawyer I will take care of it last as long as possible. Meanwhile, forget to charge me that I will not pay a sun. "
been over a year and Lazo carried out his threat. The eviction trial brought him Benavente Benavente has not advanced and does not know where to turn.
Last night, at 7:30 pm, El Comercio sought to tie in the department of Surquillo. Although he saw a light on, no one opened. It was stressed for an hour without success. The lawyer also has no landline phone in your name.
Like this there are hundreds of cases where owners are victims of bad faith of their tenants without the Peruvian legal system provides a quick and fair.
THE PROBLEM
According Pio Salazar, lawyer at Pizarro, Botto & Escobar, an eviction trial may last up to five years. "The problem is the lack of resources and capabilities Judicial Branch to resolve all cases. This is compounded by strikes and corruption. In an ideal scenario, an eviction trial should not last more than six months, "he said.
worst thing is that if this trial win in two instances, nothing says that paying tenant has acted in bad faith to pay the debt accumulated by not paying rent. In most cases, owners are satisfied to see those bad tenants out of their property.
"The victim may start a new trial to collect the money owed. However, this new process can last as long as the eviction, "said Salazar.
Fausto Viale, lawyer at Rubio, Leguia, Normand & Associates, explains that the owners have very few tools to prevent a situation like this. "Find out the criminal records and credit helps to know who we're dealing with," he suggested.
Both lawyers and other experts suggest creating a list of delinquent tenants, the style of central credit risk. Thus, if a tenant is paying, I could not access credit.
THE OTHER SIDE OF THE PROBLEM
The opposite problem is faced by the inhabitants of slum properties. To avoid being evicted, the Housing Commission of the Congress approved this week a law to protect tenants against eviction possible automatically extended until December 2011 the right to remain where they are, in the case of land which does not exceed autovalúo S/.2.880.
According to Congressman Olga Cribilleros (APRA), chairman of the committee, the bill seeks to allow time for these families to access to state housing programs and not stay on the street.
However, for the architect Carlos Fernández-Dávila, these laws prevent the modernization of the city.
THE FACT
Social Contract
95% of leases is not seated in the Public Registry. Agreements are based on mutual trust between two parties.
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