Tuesday, March 30, 2010

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Real Estate Leasing Act (Venezuela)

TÍTULO IV, De la Terminación de la Relación Arrendaticia
CAPÍTULO I, De las Demandas
Artículo 33
eviction claims, performance or termination of a lease, sobrealquileres drawback, refund escrow, enforcement of security, legal extension, preferably offer rentable legal redemption and any action arising from a lease on property urban or suburban, shall be conducted and convicted under the provisions of this Decree-and short procedure provided for in Book IV, Title XII of the Code of Civil Procedure, regardless of amount.

Article 34 can only be sued in the eviction of a leased property under lease verbal or in writing no time limit when the action is based on any of the following reasons:
a) That the tenant fails to pay the rental fee for two (2) consecutive monthly installments.
b) The need for the homeowner to occupy the property, or any blood relatives within the second degree, or the adopted child.
c) That the property will be subject to demolition or repairs that may warrant unemployment.
d) The fact that the tenant uses the property for dishonest, improper or in violation of the conformity of use granted by the respective municipal authorities or by his substitute, or the fact that the tenant has changed the use or destination for the property was agreed in the lease, without the prior written consent of the lessor.
e) That the tenant has caused the property damage greater than those from the normal use of the property, or unauthorized reforms made by the landlord.
f) The tenant has committed a violation or breach of the provisions of the Rules of Procedure of the property.
In a property regime under the Condominium Property, the respective document Condominium and the Condominium Regulations, under Article 26 of the Condominium Act, shall be deemed for the purposes of this subparagraph, and Rules.
g) The tenant has assigned the lease or sublet all or part of the building, without the prior written consent of the lessor.
First Paragraph:
When it upheld the eviction of a property, based on the grounds mentioned in subparagraphs b. and c. of this Article shall be granted the tenant a time limit of six (6) months for the physical delivery thereof from the date of the notification to be made of the final judgment.
Paragraph Two:
remains to safeguard the exercise of judicial actions for other reasons than those provided in this article properly

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