Real estate lease: Non-payment of rent and eviction, a change in legal doctrine?

Authors

  • Robert Reinhart Schulller Investigador predoctoral en formación FPI-UR/CAR 2022. Universidad de La Rioja

DOI:

https://doi.org/10.36151/rcdi.2024.805.10

Keywords:

Real estate lease, delay, non-payment, eviction, specials circumstances, enervation, diligence

Abstract

The payment of rent constitutes the essential consideration for the transfer of the use of a thing. Failure to pay, according to special legislation, will entitle the landlord to terminate the contract. Eviction is the central piece for the recovery of the good. However, recently a consolidated doctrine of the TS has been called into question, which is why it is intended to analyze the jurisprudential evolution of nonpayment and eviction. In this way, the question will be answered: does the mere delay in the payment of rent give the right to eviction? Or on the contrary, are there certain circumstances that could limit such right?

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Published

2024-11-14

Issue

Section

JURISPRUDENTIAL STUDIES

How to Cite

Real estate lease: Non-payment of rent and eviction, a change in legal doctrine?. (2024). Critical Review of Real Estate Law, 805, 2879-2908. https://doi.org/10.36151/rcdi.2024.805.10