Whether or not there is a lease, if a landlord allows someone to reside on the property and accepts the rent, it is in fact a lease agreement and will be binding on both parties. The deportation procedure followed above must be followed even if there is no lease agreement between the parties. Urgent Evictions The law provides for urgent requests for eviction that can drastically reduce the time required to evacuate an illegal occupant, provided that the building owner can prove that there is a real risk or serious violation or property damage if the illegal occupier is not evicted; There is no other effective way available; The owner will suffer more if the occupier stays in the countryside than the occupier will suffer if he/she is evicted. Before hearing the expedited eviction procedure, the court must inform the illegal occupier and the competent municipality in writing and effectively of the owner`s intention to obtain an eviction order against the illegal occupier. The notice of contract must state: – the opening of proceedings for the expulsion of the illegal occupier; The date and time the court hears the proceedings; The reasons for the planned evacuation; – that the illegitimate occupier has the power to appear and defend the case and, if necessary, has the right to seek legal aid. If the court agrees to the eviction order, it is indicated when the tenant must leave the property and a date when the evacuation will take place if the tenant does not evacuate the land. It is important to note that only the court sheriff can proceed with the eviction. While urgent relief is possible, this is a heavy burden of proof for the owner, and even more so when vulnerable groups are involved and whose harshness may outweigh that of the owner in the event of eviction. The loopholes in the law have been filled over the years, to the point that any contract that allows a landowner to obtain payment in return for someone else`s occupation of the land is interpreted as a lease agreement, even if the written contract is disguised as a licensing agreement. The documentation of the agreement prevents outsiders from abusing the agreement as a joint venture instead of an independent landlord-tenant relationship.
A tenant is often in debt when borrowing to make improvements to the loan. A land lease may explicitly contain a “No Partnership” clause that protects the lessor from creditors who may attempt to deal with the landowner because of the tenant`s debts or financial obligations.