Unwanted resident

[scolly52]

I have recentley inherited a property upon the death of a family member. Everything has been settled on the legal side.
Unfortunately the family member had a Uk citizen companion who lived with them in the property and is now refusing to leave unless they are paid £xxx ??
This person made no contribution to either the upkeep of the property or any form of rent and was not named in the will as a beneficary.

They been asked to leave as they refuse to contribute in any way to the upkeep of the property. Additionally they are removing items from the property with a view to selling them.

It would seem my only recourse is to try and obtain an eviction order as I beleive that shutting off utilities is not allowed.

Any advice gratefully appreciated.

[Lawbird Lawyer]

Dear Sir or Madam,

You've self-replied to your own query.

That's exactly what you would have to do, yes. Your case is called desahucio por precario. Which is different from a non-paying tenant who has a valid title to be living in the property.

Or alternatively you can follow a Criminal procedure against this person ex art 245 of our Criminal Code.

It goes without saying its unlawful for them to sell household items.

You cannot shut off the utilities, no. Otherwise they may report you to the Police for coercion.

Please read our article on the matter:

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

Yours faithfully,
Raymundo LarraÃ*n Nesbitt