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A topic of contemporary relevance in your area of legal interest.

A topic of contemporary relevance in your area of legal interest. KYG01
Currently, and as a result of the Covid-19 pandemic, an unfair and abusive practice has begun to be observed in Chile, which is that many people, taking advantage of the situation, no longer pay rent to their respective landlords. As a consequence of this, the parliament is processing a bill whose main idea is to establish a faster procedure (of approximately ten days) so that the landlord can, with the requirements that the bill establishes, recover the leased property, obtaining the payment of the rent owed to him. In this sense, the bill proposes to modify the regulation contemplated in the Chilean Code of Civil Procedure, in order to incorporate a new precautionary measure: the anticipated restitution of a property, without prior eviction; and the incorporation of an article containing special hypotheses of proceeding of the new precautionary measure. In fact, the current leasing law, which has been in force since 1982, is aimed at protecting the weaker contracting party, which at that time was the lessee. At present this reality has changed, and there are many tenants who live in a property, do not pay the respective rent, do not pay the basic services, and wait for the owner to obtain a judicial resolution to leave. Consequently, the weaker party to the contract would currently be the owner of the property, rather than the tenant, which is why the parliamentarians have presented this bill that aims to update the law to current times. Currently, the owner must file his claim before the Courts of Justice, provide evidence that the tenant has not paid the rent or utility bills, and wait to obtain a court ruling. Although it is true that this procedure is considered "fast", in practical terms it implies that the owner must wait approximately eight months to obtain the judgment ordering the tenant to vacate, which does not necessarily mean that the tenant actually vacates the property, making it necessary to initiate another procedure, to comply with the judgment, which will ultimately grant the public force to evict through the assistance of a judicial receiver and the police. In this second stage, six more months may pass. As mentioned above, this project is still in the processing stage, and there is a possibility that changes may be made to it, such as, for example, that the lease procedure will be processed in the same way as a labor order for payment procedure, where the plaintiff files its claim, attaching all the background information, and the court immediately issues a sentence, accepting or rejecting the claim. And in case the other party has something to say, it has a very short period of time to deduce its claim, making it a very effective procedure. The discussion that is currently taking place in parliament is extremely interesting, because, as the bill contemplates the introduction of a precautionary measure, without modifying in its essence the eviction procedure, there is still time to continue introducing modifications to the bill, modifying in its essence the whole procedure and not only introducing the aforementioned precautionary measure, It could be complemented in matters such as, for example, establishing that the lease contracts that fall under the new law must be signed or authorized before a notary public, which would be very helpful, since the contract could be used as a precedent (an enforceable title) for a later lawsuit. In addition, this measure would seek to avoid possible scams where the person renting is not the real owner of the property. The bill will be reviewed in a new instance, and we hope it will be one of the last, on January 10, 2022, the date on which the Senate is expected to dispatch the bill to the Chamber of Deputies with the new indications made by experts in Real Estate law, and the latter can refine the last details, where the project is expected to be dispatched and come into force during the first half of 2022.
Currently
, and
as a result
of the Covid-19 pandemic, an unfair and abusive practice has begun to
be observed
in Chile, which is that
many
people
, taking advantage of the situation, no longer pay
rent
to their respective landlords. As a consequence of this, the parliament is processing a
bill
whose main
idea
is to establish a faster
procedure
(of approximately ten days)
so
that the landlord can, with the requirements that the
bill
establishes, recover the leased
property
, obtaining the payment of the
rent
owed to him. In this sense, the
bill
proposes to modify the regulation contemplated in the Chilean Code of Civil
Procedure
, in order to incorporate a
new
precautionary
measure
: the anticipated restitution of a
property
, without prior eviction; and the incorporation of an article containing special hypotheses of proceeding of the
new
precautionary measure. In fact, the
current
leasing
law
, which has been in force since 1982,
is aimed
at protecting the weaker contracting party, which at that time was the lessee. At present this reality has
changed
, and there are
many
tenants
who
live
in a
property
, do not pay the respective
rent
, do not pay the basic services, and wait for the
owner
to obtain a judicial resolution to
leave
.
Consequently
, the weaker party to the contract would
currently
be the
owner
of the
property
,
rather
than the
tenant
, which is why the parliamentarians have presented this
bill
that aims to update the
law
to
current
times.
Currently
, the
owner
must
file his
claim
before
the Courts of Justice, provide evidence that the
tenant
has not paid the
rent
or utility
bills
, and wait to obtain a court ruling. Although it is true that this
procedure
is considered
"
fast
"
, in practical terms it implies that the
owner
must
wait approximately eight months to obtain the judgment ordering the
tenant
to vacate, which does not
necessarily
mean that the
tenant
actually vacates the
property
, making it necessary to initiate another
procedure
, to comply with the judgment, which will
ultimately
grant the public force to evict through the assistance of a judicial receiver and the police. In this second stage, six more months may pass. As mentioned above, this project is
still
in the processing stage, and there is a possibility that
changes
may
be made
to it, such as,
for example
, that the lease
procedure
will
be processed
in the same way
as a labor order for payment
procedure
, where the plaintiff files its
claim
, attaching all the background information, and the court immediately issues a sentence, accepting or rejecting the
claim
. And in case the other party has something to say, it has a
very
short period of time to deduce its
claim
, making it a
very
effective procedure. The discussion
that is
currently
taking place in parliament is
extremely interesting
,
because
, as the
bill
contemplates the introduction of a precautionary
measure
, without modifying in its essence the eviction
procedure
, there is
still
time to continue introducing modifications to the
bill
, modifying in its essence the whole
procedure
and not
only
introducing the aforementioned precautionary
measure
, It could
be complemented
in matters such as,
for example
, establishing that the lease contracts that fall under the
new
law
must
be signed
or authorized
before
a notary public, which would be
very
helpful, since the contract could be
used
as a precedent (an enforceable title) for a later lawsuit.
In addition
, this
measure
would seek to avoid possible scams where the person renting is not the real
owner
of the property. The
bill
will
be reviewed
in a
new
instance, and we hope it will be one of the last, on
January 10, 2022
, the date on which the Senate is
expected
to dispatch the
bill
to the Chamber of Deputies with the
new
indications made by experts in Real Estate
law
, and the latter can refine the last
details
, where the project is
expected
to
be dispatched
and
come
into force during the
first
half of 2022.
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