Eviction

The owners of the property, their representative, or any other person who has the right to possess or be physically in the house, apartment, or real estate property, may request an eviction, for example:

• for nonpayment of rent, as agreed between the parties
• for breach of any essential clause of the contract (such as, the number of people who may occupy the property, having animals, giving the property a use other than what is provided in the contract, unnecessary noises, or disturbing the peace and causing disputes with neighbors, among others)
• for breach of a federal contract, such as HUD housing subsidy contracts

As a result of the judicial proceedings, the court may order the person to vacate the property. However, as this is a quick special procedure, no other claims may be joined, such as request to be compensated for any damage or loss or that they be paid for any improvement that has been made to the property (for example, a construction).

No. It is illegal for the owner of a property to get the tenant out by force. The property owner must file a complaint for eviction in the court and obtain a judgment in their favor for the eviction procedure to be carried out.

Eviction requests can be submitted in two ways, depending on the amount of money owed:

• If the amount does not exceed $5,000 annually, it is filed in the Municipal Court of the Court of First Instance corresponding to the municipality where the property is located.
• If the amount exceeds $5,000 annually, it is filed in the Office of the Clerk of the Superior Court, Court of First Instance.
• If there was no contract between the parties, this is known as eviction at sufferance and will be heard in the Superior Court of the Court of First Instance.

The complaint must contain the full name and address of the person filing it (plaintiff) and their relationship to the property where eviction is requested. That is, whether they are the owner of the property, a representative of the owner, or have another relationship to the property. In addition, it must include the full name of the person against whom the complaint is filed and the eviction requested (defendant) and their address.

The complaint must explain the reason why the eviction is being requested. As it is a complaint, it must also include the Service of Process and Summons for Eviction (OAT 972) form,  which must also include the name of the defendant and their residential address.

The requirements are:

• file the complaint with the Clerk of the Court
  • you may use the Complaint for Eviction (OAT 931) form
• fill out the Service of Process and Summons for Eviction (OAT 972) form
• pay $60.00 in internal revenue stamps where the action for eviction against the defendant is for nonpayment.

Yes. The court may allow a claim to collect rents owed. If you are going to include a claim for the collection of money together with the action for eviction, you must consult the Clerk of the Court for the amount that must be paid in internal revenue stamps. On the other hand, the summary proceeding for eviction does not allow claims for improvements to property to be joined.

As soon as the complaint is filed, the Clerk of the Court will order a hearing within the next 10 business days. The plaintiff must serve the defendant with a copy of the complaint and the summons-notice in no less than five days before the date of the hearing. The plaintiff must make arrangements a private process server or with the marshals of the court. The service by the marshals has a cost of $15.00 in internal revenue stamps.

When the defendant receives the summons and the complaint, they may answer the complaint before the hearing. For this, they can use the Answer to the Complaint for Eviction (OAT 1801) form, or wait for the hearing and answer it then.

On the day of the hearing, the parties may appear before the court on their own behalf (Pro Se) or with the assistance of counsel. The parties will have the opportunity to present all evidence in their favor that is relevant to the case. At the close of evidence, the court will decide, through a judgment, whether or not eviction is appropriate.

If the defendant decides not to attend the hearing, it is understood that they waive their right to present any argument or evidence in their favor and the court will enter default, which means that the case will continue without them; the court may hear the plaintiff’s evidence and arguments and render a decision.

If, in the hearing, it appears that a family that is experiencing insolvency lives on the property to be ejected, the court must send the Department of the Family and the Department of Housing a copy of the judgment. If, in the hearing, it appears that one of the persons to be ejected is an elderly person, the court will notify the judgment to the Office of the Ombudsman for Elderly, or if there is a person with a disability, the Office of the Advocate for Persons with Disabilities is notified.

When the court issues and notifies the judgment, the party that does not agree with the decision has five days to appeal it with the Court of Appeals. If five days pass without any of the parties filing an appeal, it is understood that the judgment is final and, if it has been decided that the eviction is appropriate, the plaintiff may request an eviction or ejection order. On the other hand, if a party decides to appeal the eviction judgment, they must pay a bond to cover any situation that arises while the Court of Appeals resolves the appeal. Depending on what the Court of Appeals resolves, the ejection order may or may not be requested.

Some of the defenses that a person facing an eviction process may present are:

• conflict of title; that is, that both parties claim to have the evidence that establishes their right over the property (for example, donation deed, testimony under oath, or construction on other land with permission of the owner)
• having made the necessary payments and having proof of them (for example, receipts, money orders, canceled checks, account statements, and others)
• not having undertaken any action that was contrary to the contract
• failure to be served notice of process

If an appeal is not filed, the judgment is final and unappealable within five days after notice of judgment is entered in the record. In the judgment, the court will have ordered the ejection

Ejection is the act by which the people who occupy a property are physically ordered to vacate.

As a rule, the ejection may be made as of the date on which the judgment is final and unappealable, that is, five days after the filing of a copy of the notice of judgment is entered in the record, if an appeal was not filed. However, where the court has determined that the family to be evicted is insolvent because they do not have sufficient means, the ejection may be made after 20 days of notice of judgment.

In these cases, the court immediately sends a copy of the judgment to the Department of the Family and the Department of the Housing to provide assistance to the affected family. The term for ejection or eviction from the property will be 20 non-extendible days (the term cannot be extended), which will begin to run from the date of notice of judgment. That is to say, the defendant will have a term of no more than 20 days to vacate the property from the date a copy of the notice of judgment is entered in the record. The personnel from such agencies must be present at the time of the eviction to safeguard the physical and emotional security of the evicted family.

No. After the judgment is final and unappealable, the person who owns the property or the plaintiff must request that the court issue the ejection order. They may use the Motion for Ejection Order (OAT 1742).

The plaintiff shall deliver the ejection order and the corresponding order to the marshal. The marshal shall coordinate with the plaintiff the date and time at which the ejection or eviction will take place.

On the day of the eviction, the marshal shall appear at the property to be vacated and shall remove the occupants from the place. The plaintiff will have to be present. If necessary, the plaintiff must come with a locksmith to allow access to the property and change the lock or padlock, to take possession of the property again. The marshal shall supervise the work of removing the belongings by the persons assigned by the plaintiff and shall provide the instructions.

Where the court has determined that the family to be evicted is insolvent, the marshal will have coordinated the presence of the staff of the Department of the Family and the Department of Housing.

No. The plaintiff will be responsible for making arrangements for a locksmith to be present and to have available any equipment necessary to remove the belongings of the person occupying the property, including the personnel necessary for this task. If the plaintiff does not coordinate the presence of this personnel or equipment necessary to remove the belongings, the marshal will not proceed with the eviction.

Yes. The plaintiff shall verify in the Marshal’s Office the total amount of fees to be paid before the ejection; that is, the amount of internal revenue stamps that they must pay.

Housing subsidized under the different programs managed by the Department of Housing have regulations governing the eviction process that must be complied with. Some of these regulations require that an administrative procedure be carried out before an eviction is filed. The parties must explore whether there are regulations that apply to the home.