Landlord: Keys to Successful Rental Income

[ozjlthfo]

This is the discussion thread for the article Landlord: Keys to Successful Rental Income (http://www.marbella-lawyers.com/articles/showArticle/income-lease-rental-insurance-spain)

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[Anne Bopst]

My Dutch tenant has stopped paying rent he has no contract with me in Spain. He has a contract in Holland with the agent that gave me this rental. His contract in Holland is for 10 months ending on december 31 2009. Can I change the locks and evict him? I am English. Thank you for any advice

[Lawbird Lawyer]

Dear Madam,

You have a whole section of this website devoted to landlords and tenants in Spain:Landlord / Tenant Issues (http://www.marbella-lawyers.com/forums/forumdisplay.php?f=7)

I strongly suggest you read my article on the matter:

How to Evict a Tenant who is not Paying the Rent (http://www.marbella-lawyers.com/articles/showArticle/spain-tenant-not-paying-rent-spanish-property) - 17th December 2007

Regardless if the tenancy is short or long term one, you will need to have them legally evicted. I take for granted your tenancy agreement had no arbitration clause.

In which case you would have to hire a litigation lawyer to initiate the formal eviction procedure. You cannot evict them on your own or shut off the utilities else they could file a report against you before the Spanish police which could lead to you being sentenced to prison.

We can offer you our Tenant Eviction for a Spanish Property (http://www.lawbird.com/services/view/26/Tenant-Eviction-for-a-Spanish-Property):

Who is it intended for:

This service is provided to landlords that have a non-paying tenant in their Spanish property (either a dwelling or commercial premises).

What does the service include?

• Analysis of the case and legal advice.
• Preparing and filing your suit.
• Dealing with court proceedings.
• Attending judicial hearings and submitting evidence.
• Claiming unpaid rents before the Spanish Courts.
• What are the steps?

We will first try to reach an amicable agreement.

If this fails, we resort to taking legal action. It generally takes less than a year on average to have the tenant evicted.

If you are interested in hiring this legal service, please email us (http://www.lawbird.com/services/contact). We act nationwide.

Yours faithfully,
Raymundo Larraín Nesbitt

[Nubia Cabrera Ortega]

I have tenants in the Canaries from an inheritance which pay 90 Euros a a month because they have been in the building for a long time and the contracts are very old. What are my rights as a landlord. My email is :nubia_c_ortega@hotmail.com

[Angela McMahon]

Hi, firstly thanks a million for all your invaluable advice and guidance on your web pages.
I have a typical case on my hands of a tenant not paying rent. Now I am out of pocket for 4 months rent plus services (11 month lease). At this stage I have lost my job & my husband's work is cut to a 2 day week. So I cannot actually afford to pay both mortgage and services for the apartment without rent coming in. Surely I am entitled to avoid going into serious financial debt because of someone else defaulting on monies they owe to me.?
Regards, Angela
my email is: paddy.macky@gmail.com

[Lawbird Lawyer]

Dear Ms McMahon,

Thank you for your kind words.

I'm afraid so; you will be held liable because of soemeone elses' lack of compliance.

I'll e-mail you to advise on your case.

Yours faithfully,
Raymunmdo Larraín Nesbitt

[Donna]

My contract is up to end of Oct but I have to leave the apartment because I lost my job. I adviced him o fthe scenario more than a month ago and he agreed. Few days before the schedule of termination, the landlord said he will take the aval bancario because I was unable to complete the contract. He never said this before, he just said its ok if I will leave, he''ll find another tenant. Can you advice me on this. Thanks in advance.

[Lawbird Lawyer]

Dear Madam,

I have already replied to the query you've posted in the other thread you've started:

http://www.marbella-lawyers.com/forums/showthread.php?t=1115

Yours faithfully,
Raymundo Larraín Nesbitt

[Sunni Mirza]

Hi.
I have an apartment in Puerto Banus that I let out for holiday lets ranging normally from 1-2 weeks over summer. Please can you advise if these very short term let renters could potentially remain and squat. And if so, what actions can be taken to prevent this happening?
Kindest Regards
Sunni
sunnilondon@hotmail.com

[Lawbird Lawyer]

Hi Sunni,

In short, yes they can "squat" or remain in it.

If they do remain in the property over time, you are going to have to appoint a lawyer to evict them formally through the law courts. If you try to evict them on your own they can report you to the Police and you may find yourself being taken into custody and sleeping in a Spanish jail.

You may want to read my article on common mistakes to avoid on renting property in Spain:

Renting Property in Spain: Common Mistakes to Avoid (http://www.levantelifestyle.com/index.php?mod=art_det&art_id=738) (Part I) - 12th May 2010 Levante Lifesyle Magazine

Renting Property in Spain: Common Mistakes to Avoid (http://www.levantelifestyle.com/index.php?mod=art_det&art_id=761) (Part II) - 16th June 2010 Levante Lifesyle Magazine


Regarding your query on ways to mitigate the exposure to non-paying tenants you may want to read my blog post on the matter as well as my article:


Expat Legal-Gossip Gathering Pace (http://belegal.com/blog-by-antonio-flores/expat-legal-gossip-gathering-pace-part-1/)(Part 1) - 27th February 2010

Non-Paying Tenants? No Longer an Issue (http://belegal.com/wordpress/non-paying-tenants-no-longer-an-issue/) -23rd October 2009

Common Misconceptions about Spanish Rental Contracts (http://belegal.com/blog-by-antonio-flores/spanish-rental-contracts/) - 21st November 2008

Landlord: Keys to Successful Rental Income (http://belegal.com/articles/showArticle/income-lease-rental-insurance-spain) - 31st January 2008

The only fire proof action is not to rent in Spain until there's a decisive change of the current laws which are tenant-friendly for historical reasons that need to be addressed asap. But this option may be a tad too radical.

Yours sincerely,
Raymundo Larraín Nesbitt

[Paul Vallance]

Hello. I rented out my apartment in Fuerteventura on 27th April on a six month 'temporada' contract. The tenant paid a one month deposit then paid the rent the following month and then stopped. The eviction process takes so long is it better to just wait till the end of te contract in three months time? Does the tenant have to leave the property at the end of the contract or can he stay there without paying?
Kind Regards, Paul. email vallo@tinyworld.co.uk

[Lawbird Lawyer]

Dear Mr Vallance

A non-paying tenant can stay for as long as he likes in your property legally unless you have him formally evicted retaining a lawyer.

I strongly advise you to read my articles on the matter:

10 Common Mistakes to Avoid on Renting Property in Spain (http://belegal.com/forums/showthread.php?t=111&page=10#94) - 22nd April 2010

Rent-to-Buy Or How To Profit From Spain's Market Downturn (http://belegal.com/articles/showArticle/spanish-lease-to-own-in-spain) – 5th November 2009

Express Eviction Law Passed by Congress (http://belegal.com/wordpress/express-eviction-law-passed-by-congress/)– 30th October 2009

Non-Paying Tenants? No Longer an Issue (http://belegal.com/wordpress/non-paying-tenants-no-longer-an-issue/) – 23rd October 2009

New Express Eviction Law: Much Ado About Nothing (http://belegal.com/wordpress/new-express-eviction-law-much-ado-about-nothing/) -13th July 2009

Paying the Rent Late Twice will be Cause of Eviction (http://belegal.com/wordpress/new-express-eviction-law-much-ado-about-nothing/)– 4th June 2009

Spanish Express Eviction Law Pre-Approved (http://belegal.com/blog-by-antonio-flores/spanish-express-eviction-law-pre-approved/) – 24th December 2008

Landlords Afraid of Non-Paying Tenants Take Pre-emptive Measures (http://belegal.com/wordpress/landlords-afraid-of-non-paying-tenants-take-preemptive-measures/) -16th September 2008

Landlord: Keys to Successful Rental Income (http://belegal.com/articles/showArticle/income-lease-rental-insurance-spain) – 31st January 2008

How to Evict Non-Paying Tenants (http://belegal.com/articles/showArticle/spain-tenant-not-paying-rent-spanish-property) – 17th December 2007

Regardless if the tenancy is short or long-term one, you will need to have them legally evicted. I take for granted your tenancy agreement had no arbitration clause.

You can browse our forum on similar cases:

Landlord / Tenant Issues (http://belegal.com/forums/forumdisplay.php?f=7)

In which case you would have to hire a litigation lawyer to initiate a formal eviction procedure. You cannot evict them on your own or else they could file a report against you before the Spanish police which could lead to you being sentenced to prison. You cannot change the locks or shut-off the utilities; you may be reported to the Police as it’s a criminal act. Please read my article above.

We can offer you our Tenant Eviction for a Spanish Property: (http://www.lawbird.com/services/view/26/Tenant-Eviction-for-a-Spanish-Property)

Who is it intended for?

This service is provided to landlords that have a non-paying tenant in their Spanish property (either a dwelling or commercial premises).

What does the service include?

• Analysis of the case and legal advice.
• Preparing and filing your suit.
• Dealing with court proceedings.
• Attending judicial hearings and submitting evidence.
• Claiming unpaid rents before the Spanish Courts.
• What are the steps?

How much does it cost?

i) Non-luxury rental:

• €1,300 plus 18% VAT in legal fees
• Plus a further €700 for the court agent’s fees.

ii) Luxury rental (>€3,500 p/m):

• €1,300 plus 18% VAT in legal fees
• Plus a further €700 for the court agent’s fees.
• 10% on all the recovered amounts (i.e. rental arrears).

We will first try to reach an amicable agreement.

If this fails, we resort to taking legal action. It generally takes less than a year on average to have the tenant evicted.

If you are interested in hiring this legal service, please e-mail us (http://www.lawbird.com/services/contact). We act nationwide.

If you have further legal queries on this matter just post them here.

Yours sincerely
Raymundo Larraín Nesbitt

[Loopy]

We are looking to evict tenants in Spain who have not paid rent for 18 months.

My father agreed to pay the tenants a 6% comission in the event of a sale for their assitance in showing and marketing the property. Now a buyer has expressed interest to exhange contracts but the tenants have begun to claim extras & phoney expenses yet fail to communicate or send documentation for these expenses when requested.

Buyer has agreed to purchase with the understanding that the tenant will leave once he has received the comission monies + extra money he believes is owing to him. It amounts to extortion with his demands escalating and he is determined not to leave until his demands are met.

We will proceed with eviction court notification if he does not take generous offer made to him.

We want to take out landlord insurance in case of malicious damage to property in the event of his eviction.

I have done an extensive search for insurance companies who can provide this but have not found any. Is there anyone who can recommend?

[Lawbird Lawyer]

Dear Sir or Madam

As it stands to logic no insurance company will agree to insure you if your tenant already stopped paying over 18 months ago.

How can a sale go through if the non-paying tenant is still inside? Is your buyer aware your tenant is not paying?

I suggest you retain a lawyer and have him evicted and make sure the sale goes through. Depending on where your property is located in Spain evictions are taking between 4-12 months.

We can offer you this legal service, please read my above posts which detail our legal fees.

Sincerely
Raymundo Larraín Nesbitt