Alternative Justice has gain an important place to prevent or solve conflicts, as it is the least expensive and fastest way to prevent and/or resolve conflicts that may arise in transactions such as the lease of a property.
It is a very simple process, in addition to the leasing contract, an agreement is signed with a Certified by the Alternative Justice Institute (IJA) Alternative Dispute Resolution Mediator.
This agreement is signed freely and voluntarily by the parties involved in the lease: lessor, lessee, guarantor or joint and several obligor, if any, and the Mediator. Once the agreement is signed, the Mediator presents it to IJA for its validation and ratification to the category of an agreed judgment that, if not fulfilled, can be executed by a civil judge of the first instance.
Lessor benefits
- Ensures timely payment of tenant obligations
- Ensures the delivery and vacating of the property in the agreed conditions and at the end of the contract in a peaceful manner.
In case of non-compliance
Lessor can:
- Obtain early termination of the lease.
- Obtain the court order to vacate the property.
- Quickly recover material and legal possession of the property.
- Guarantee the payment of the obligations of the tenant and/or the guarantor or joint obligor, through the seizure of assets.
- In the event that the property is insured or subject to domain forfeiture due to illegal activities carried out in it, this agreement becomes an executable and enforced agreed judgment to quickly help recover the property.
Tenant benefits
An agreement ensures that your transaction is not fraudulent with proof of ownership by the tenant
It also, ensures that the amount of the rent does not exceed:
- 12% Annual on the tax value of the property
- 10% Annual if there is no updated tax value
It ensures that the penalty does not exceed:
- 3.5% Monthly maximum legal interest
So, an agreement ensures you have:
- 1 year lease
- 5 days to settle debts before launch
What documents are needed?
- Leasing contract.
- Public deed to prove ownership of the property or payment of the last land use tax, of the lessor and of the joint obligor Official identifications of the parties.
- Power of attorney or authorization to the legal representative of an entity or for the manager.
- The Social Prosecutor’s Office will be notified about this transaction to validate the agreement whenever the interests of the disabled, absent and older adults are affected.
References
- Civil Code of the State of Jalisco, articles 1983, 2041
- Code of Civil Procedures of the State of Jalisco, articles
- Alternative Justice Law, articles 67
- Alternative Justice Regulations, articles 21, 22, 29