Give me back my house law: how to evict a delinquent tenant in record time

Few situations generate as much anger, helplessness and anguish as seeing strangers or abusive tenants living completely free of charge on your property, destroying the fruit of your effort and investment. The level of injustice reaches its limit when you realize that you continue to sacredly pay the bank's dividend, contributions to the State and even the electricity and water bills that they blatantly leave unpaid month after month.

Until very recently, dealing with these "real estate parasites" meant undergoing an exhausting civil trial that could easily last 2 or 3 years, during which time the occupant continued to live at your expense. However, the rules of the game changed radically in favor of the owner. The entry into force of Law 21,461, popularly known as "Give Me My House Law", created an ultra-fast (express) procedure that returns the power to the owners to recover their assets in record time and with the full force of the law.

Who can you evict with this new law?

This regulation was designed to directly attack the two biggest headaches of real estate owners in Chile:

• Defaulting Tenants: Those subjects who, with a contract involved, stopped paying the agreed monthly rent, or who fell seriously behind on common expenses and basic service accounts (electricity, water, gas).
• Illegal Occupiers (Precarious and Takings): People who entered your land, plot or house without your permission (illegal takings), or those who simply stayed living there without any type of contract or payment and now refuse to leave. *We place a lot of emphasis on this point, since at Terreno en Regla we see daily how unscrupulous plots and rural lands are taken, taking advantage of the remoteness of the owners. Now we can take them out!

The monitoring procedure: the owner's "panic button"

The great innovation of the Give Me My House Law is the creation of the "Monitoring Procedure", which literally works as an express trial. These are the simple and quick steps:

• Step 1: The Claim. Our legal team drafts and quickly submits the monitoring claim to the civil court, attaching evidence of your ownership (deed) and of late payment or illegal occupation.
• Step 2: The Ultimatum (10 days). The judge orders to notify the rebel occupier and gives him a fatal and non-extendable legal deadline of only 10 days to demonstrate with valid receipts and real transfers that he has absolutely all his payments up to date. Verbal excuses no longer work.
• Step 3: Immediate Eviction. If in those 10 days the occupant does not defend himself or show proof of payment (which happens in 90% of cases because they have not actually paid), the judge, without having to wait for more evidentiary hearings or prolong the trial, immediately orders the eviction (eviction) with the help of force public (Carabineros)..

The big caveat: why can't you kick them out on your own?

As lawyers, we understand perfectly that indignation drives you to want to solve the problem with your own hands. However, we strongly warn you: NEVER cut off the electricity, change the door locks, or take their things out onto the street, much less threaten them with physical violence or through thugs.

Carrying out this type of action constitutes the crime of "Illegal Exercise of a Right" (taking justice into one's own hands). If you make this serious mistake, the "squatters" or delinquent tenants will file a Protection Appeal against you in the Court of Appeals. It is extremely likely that they will win, forcing you to give them back the light, to let them back in and, to make matters worse, you will end up condemned to pay them monetary compensation and the costs of the trial. The only safe, definitive and lethal way to expel them is through the judicial lawsuit established by this law.

Frequently asked questions about the give me my house law

What happens if the tenant destroyed my house or land?

The monitoring demand is extremely complete. In addition to demanding quick eviction, the lawsuit can and should include collection of all back rent, unpaid bills, and compensation for property damage caused to your property. We can immediately request the judge to seize the debtor's assets to ensure that you are paid for every peso destroyed.

Can i use this law if we made the contract "orally" and did not go to the notary?

Yes, absolutely. Not having a contract signed before a notary makes things a little slower, but it does not prevent you from suing under this new law. However, in these cases much finer and more aggressive work will be required on the part of the trial lawyer to prove the existence of the lease contract (through old deposits, WhatsApp receipts, emails or witnesses).

Can they defend themselves to extend the trial as they did before?

This is the best part of the law: it drastically limits invented excuses. In the old system, occupiers dragged out trials for years by inventing stories. Today, the law requires real and immediate documentary evidence (bank payment receipts). If they don't have proof within 10 days, the judge simply throws out their excuses and orders the eviction, nipping abusive delaying tactics in the bud.

Recover the keys to your property today

Every day you let pass without filing this lawsuit is money lost directly from your pocket and more unfair deterioration for your property or land. The law and the courts are on your side today, but you need an expert, relentless and decisive lawyer who will press the accelerator to the floor in court and not let the defaulting occupant breathe.

At Terreno en Regla, we do not tolerate abuses against the private property and efforts of our clients. Our legal team assumes your problem from the first minute: we draft the monitoring demand in an armored manner, we coordinate the quick and aggressive notification with the private judicial receiver, and we manage the eviction order directly with Carabineros so that you recover your assets, your keys and your peace of mind in record time.

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