Arrears of rents can induce the owner of the property to activate the eviction and in worst cases even the attachment of salary, pension or current account. But not everyone knows that arrears of rents are canceled definitively and are no longer paid after a certain period due to the statute of limitations. There is a period of time in which if the owner does not activate a recovery action, he can no longer request them. Let’s analyze what it is.
Not everyone knows that arrears of rents are canceled out permanently and are no longer paid after a certain period
The rents are subject to the prescription that extinguishes the right to payment. This means that the owner of the apartment can no longer obtain the sums due (rent).
The limitation period is five years. This term is doubled (10 years), if the owner requests payment through the injunction.
In order to interrupt the limitation period, the lessor can send the tenant a communication by registered letter with acknowledgment of receipt. Any communication sent to the tenant with a request for overdue rents, interrupts the prescription and the term begins again. In addition, the owner of the property, for unpaid rents, can request eviction.
Right to return of the deposit
The landlord must return the deposit paid upon termination of the contract to the tenant. However, if the tenant has not paid the rent, the landlord has the right to withhold the sums paid for the deposit.
The right to a refund of the deposit also expires after ten years. The starting date of the prescription is the effective date of the return of the property.
In addition, legal interest accrues on the security deposit each year. The owner of the property is obliged to return the sums paid as a deposit including interest. Interest in the event of unpaid rents can also be offset by the landlord.
Evictions are blocked but if the citizen income earner does not pay the rent, the benefit can be foreclosed