Civil, commercial, and real estate lawyer for contracts, properties, debt collection, and asset disputes.

When a tenant fails to pay the rent or breaches any other essential obligation of the contract, the landlord may initiate a proceeding to recover the leased property, governed by Law 820 of 2003 and the General Procedural Code (Law 1564 of 2012). It is a special proceeding, faster than an ordinary one, but it requires prior demands and specific formalities.The general steps are: (i) a demand to the tenant to pay or hand over the property; (ii) filing of the lawsuit before the municipal civil judge or small-claims judge, depending on the amount; (iii) registration of the lawsuit; (iv) hearing; and (v) judgment and delivery proceeding. If the contract is not in proper form or the prior demands were not made, the proceeding may be delayed. The estimated duration ranges between four and twelve months, depending on the court.

The actual duration depends on several factors: court congestion, correction of the lawsuit, the tenant's procedural conduct, the existence of serious objections and the type of proceeding. In practice, a well-structured restitution proceeding may take between four and twelve months, counted from the filing of the lawsuit to the delivery proceeding.Proceedings with incidents (appeals, challenges, expert reports, parallel attachments) may take longer. Careful preparation of the case file before filing (contract, certificates of existence, clearance certificates, prior communications) usually shortens the timeline significantly. Remember that a favorable judgment is not synonymous with immediate delivery: the physical delivery proceeding may require police action and the setting of dates.

Acquisitive prescription, also called adverse possession (usucaption), is the means of acquiring ownership of property through prolonged, peaceful and uninterrupted possession for the period established by law. It is governed by Articles 2512 and following of the Civil Code.There are two main forms: ordinary prescription, which requires possession for five years over real property with just title and good faith; and extraordinary prescription, which operates after ten years of possession, even without just title. The declaration is obtained through a declaratory judicial proceeding in which the possessor must prove the elements of possession (intent to act as owner, material acts of use) and compliance with the time periods. One cannot acquire by prescription against the State or with respect to certain inalienable assets.

Before buying a property it is essential to carry out legal due diligence covering, at a minimum: (i) a recent certificate of title and freedom from encumbrances from the Public Instruments Registry Office, to verify the history of owners, attachments, mortgages, registered lawsuits and limitations on ownership; (ii) a property-tax clearance certificate from the municipality; (iii) a betterment-levy clearance certificate; (iv) a homeowners' association clearance certificate for horizontal property, with a copy of the bylaws; (v) building and construction permits if the property was built or extended; and (vi) a review of utilities.Additionally, it is advisable to verify the seller's identity, their capacity to transfer the property (especially where there is a marital partnership, an estate in process or a company owner), any family-home protection status, and the absence of judicial proceedings over the property. A well-drafted promise to sell and notarial advice are the best protection against hidden defects in title.

The promise to sell is a preparatory contract in which the parties undertake to enter into a final purchase-and-sale contract in the future. For it to produce full legal effects in real estate matters, it must be made in writing (or by public deed if the parties so decide), and must precisely determine the property, the price, the term or condition for entering into the final contract, and the place and date of the public deed.It serves to set the terms of the deal while funds, loans or clearance certificates are obtained or while conditions precedent are fulfilled. It is usually accompanied by earnest money (penalty or forfeit deposits, Articles 1859 and 1860 of the Civil Code) that allows the parties to protect their position if the other breaches. A poorly drafted promise may be unenforceable or give rise to costly litigation, so it is advisable to seek a lawyer's advice when signing it.

Yes, but with conditions. Law 820 of 2003 governs the termination of urban residential lease contracts. The tenant may terminate the contract without cause by paying the landlord compensation equivalent to three months' rent, provided that written notice is given three months in advance.The landlord, on the other hand, may only terminate the contract unilaterally at the end of the initial term or of any extension, with three months' prior notice and payment of compensation equivalent to three months' rent, pursuant to Article 22 of the same law. For termination for just cause (non-payment, unauthorized subletting, damage to the property, etc.) no compensation is required and the cause must be proven. Commercial leases are governed by the Commercial Code, with different rules on renewal.

For urban residential lease contracts, Article 20 of Law 820 of 2003 provides that the rent may be adjusted annually, once the first year of the contract has elapsed, by a proportion that may not exceed one hundred percent of the increase in the Consumer Price Index (CPI) certified by DANE for the immediately preceding calendar year.The adjustment must be notified to the tenant in writing and, unless otherwise agreed, takes effect automatically upon completion of each year of the contract. In commercial lease contracts the rules are different and allow greater contractual freedom, although case law has limited disproportionate adjustments. If the contract does not establish an adjustment, it does not operate automatically: agreement between the parties is required.

The tenant is obliged to use the leased property according to its nature and purpose, to preserve it with the diligence of a good head of household and to return it in the condition in which it was received, except for natural wear from legitimate use. This is established by Articles 1996 and following of the Civil Code and Articles 9 and 27 of Law 820 of 2003.For damage attributable to the tenant or to persons under their charge, the tenant is financially liable. Tenant-type repairs (those arising from ordinary use, such as light painting or replacement of minor elements) are borne by the tenant; necessary repairs (structural ones or those ensuring habitability) fall to the landlord, unless they were caused by the tenant's fault. Proving the initial condition by means of a photographic inventory at the beginning and end of the contract is the best tool for resolving disputes over wear and tear.

A real-estate lawyer handles all legal situations involving real property. At Cafore Abogados we advise on real-estate transactions (sales, swaps,

We represent individuals and companies in a wide range of civil proceedings: belonging actions to perfect ownership by adverse possession, civil liability,

Yes, and it is usually the most cost-effective decision the buyer makes. The technical review covers twenty-year title study, verification of encumbrances and limitations,

We draft and negotiate commercial contracts, professional-services agreements, supply contracts, distribution, agency, mandate, service-rendering contracts, joint ventures,

Yes. We offer counsel and legal representation in rural property, agricultural leases, and contracts in the agricultural sector. We handle litigation on property delimitation.