It Modernizes Regulations Governing Leases Of Residential Properties


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"Article 1.-Introducense the following modifications in the law No. 18.101, which lays down special rules on leasing of residential properties: 1.-Add to article 2 the following number 6, new:" 6.-homes governed by law Nº19.281. "."

2. replace article 3rd, by the following: 'article 3.-on contracts in which the term of the lease is agreed every month and the indefinite duration, given by the lessor only eviction may be judicially or by personal service made by a notary.
In the cases referred to in the preceding paragraph, the eviction deadline shall be two months from its notification and will increase by one month for each full year that the tenant had occupied the property. This term more the increase may not exceed, in total, six months.
The evicted lessee can restore good root before expiry of the period laid down in this article and, in such case, shall be obliged to pay the rent for lease only until the day of the return. "."

3. in the first subparagraph of article 4, replaced the expression "four months" by "two months".

4. in article 6, add the following new second subsection: "If the lessee forsake the property without restoring it to the lessor, this may request the competent judge of letters to deliver it is, without form of trial, one certified by the abandonment by a Minister of faith. The official minutes of the State in which is good root at the time of its delivery to the lessor and shall send a copy of it to the Court. "."

5. replace article 8th by the following: "(Artículo 8º.-Los juicios a que se refiere el artículo anterior se regirán por las reglas siguientes: 1) the procedure will be verbal;" but parties may, if they wish, submit written minutes that are established the cited facts and requests formulated. Deduction of the demand, it will quote the Court at the hearing of the fifth working day following the last notification;

(2) the notice of demand will be conforming to subparagraph first of section 553 of the code of Civil procedure. For the purposes of the provisions of article 44 of the same code, it is presumed full address for service of the respondent which corresponds to the leased property;

(3) on demand evidence that aims to use the applicant must be provided. They may only declare up to four witnesses for each party and the payroll, with the individualization of which the actor intends to declare, will be presented in the statement of claim. The payroll with witnesses of the defendant, prior to 12:00 of the day preceding the hearing;

(4) the hearing will take place with only the part that attend, will begin with the verbal relationship of demand and will continue with verbal reply of the respondent. Then shall be obligatorily call for conciliation;

(5) in reply the respondent can upbraid actor, in the same Act must give an account of means of proof supporting his claim. The counterclaim will be transfer to the applicant, who may reply immediately or book that management for the hearing referred to in the final paragraph of the number 6) of this article. In both cases, the counterclaim will be dealt with and resolved jointly with the main issue;

(6) in case of not occur overall compromise, the judge shall establish substantial, relevant and controversial points that need to be accredited, proceeding immediately upon receipt of the proof offered in the demand and reply.
If the Court does not considers that there are substantial, relevant and controversial points that need to be accredited, it will be mentioned immediately to the parties to hear sentence.
If a counterclaim has been deducted, the claimant may request cite parties to a new hearing to be held within 5 days, in order to proceed to the reply of the same, and upon receipt of proof that offers. Parties shall be cited in full right to such a hearing and be it in accordance to provisions of this article. In this case, either party can request book for such a hearing examination of testing that may not be rendered in the Act;

(7) the test will be appreciated according to the rules of healthy criticism. The testimonial evidence may not yield a court different from one who knows the cause. Reception of the test has been completed, the parties will be cited to hear sentence;

(8) the incidents must be promoted and processed at the same hearing, together with the main issue, without paralyzing the course of this. The final judgment will decide deduced action and incidents, or only on these when they are prior or inconsistent with that one;

(9) only and will be appealable final judgment of first instance resolutions stop the trial or making its continuation impossible.
All appeals shall be granted only devolutive effect; they will have preference for his view and failure and during processing, order not to innovate may not be granted.
In the second instance, may the Court of appeal, at the request of a party, decide by way of appeal on all issues that had been discussed in first to be failed in the end, even if they have not been resolved in the appealed, and 10) the parties may appear and defend in person, in the first instance in the judgments whose applicable income at the time of filed demand not exceeding four monthly tax units. "."

6 replaced in the article 9 the phrase "article 683 of the code of Civil procedure" by "previous article".

7 replacements in the subsection second article 13 the expression "six months" "thirty days".

8. delete article 15 the phrase "and will appreciate the test in awareness in all the trials referred to in this title".

9 - Article 16, reemplazanse the words "one year" by "six months".

10 delete in article 17 the phrase "and to the sub-delegation".

11 insert, then from article 23, the following new article: "article 23 bis.-for the purposes of the 1942 article of the Civil Code, the lease contracts governed by this law applies to them the provisions of Article 598 of the code of Civil procedure.".

12.-amended article 24, as follows: to) Reemplazanse at the end of paragraph 1, the conjunction "and" and the comma (,) that precedes it, by a semicolon (;);

((b) replace the point end of paragraph 2, the word "and", preceded by a comma (,), and c) add the following new number: "3. the lessor who unreasonably refuses to grant the lessee authorization to leave the property and withdraw their furniture, or receipt attesting payment of the income from leasing.".