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Topic Review (Newest First)

  • 03-10-2020, 04:50 AM
    Humbug
    Looks like the tenant has planned this very craftily . He has said he damaged his hand at work and in a legal dispute over whether it is work related or not. He's on unpaid leave and hasn't received any income since last August.

    He has provided Social Services with documentation to prove the above .

    I can now imagine that the document was created by his old political buddy who owns a construction firm and has created a nice letterheaded note confirming the dispute. He did this before when he was fabricating evidence for the appeal to the Supreme Court , knowing it would take about 2-5 years before they examined it for legality .

    He has convinced the Social Worker that he is vulnerable , therefore that's why the eviction has been suspended.

    We don't have a clue what powers the Social Services will have to coerce Judges to suspend evictions for long periods which could financially ruin honest landlords. We don't have a clue what Judges might decide on a personal whim with regards the date and time they choose for an eviction.

    So now, because we have no definitive laws that can define an eviction deadline , the landlord is left in limbo about what may happen in a months time . This law is rubbish, ill defined and utterly useless in a court of law. In fact , Landlords may as well stop renting their properties, let the rents rise and let the government panic over the escalation in homelessness in Spanish towns .

    If Social Services cause a long suspension of eviction, I will contact them every day to check the status of any measures they should be adopting. I will make their life 'hell on earth ' until the tenant is evicted.
  • 03-06-2020, 05:26 PM
    Humbug
    Update :

    Apparently the new laws dated 6th March 2019 regarding tenancy eviction can be applied retroactively .Therefore any landlords who have an ongoing legal court case trying to evict a tenant 'using the existing Spanish laws before the 6th March 2019' will have effectively wasted their money and time . The tenant can claim 'Social Vulnerability ' and delay the eviction and no-one can tell me the specifics of how this new law will affect a legal eviction date.

    This is what I have said to our lawyer:

    Can you please confirm that you are 100% certain that this new tenancy law dated 6th March 2019 can be applied retroactively for leases signed before 6th March 2019?

    I have attached what I think is the official bulletin stating the new laws and it relates to TITULO 111 article 5. Does it say that this new law can be applied retroactively?

    How can the legal system apply a new law to affect an existing case (our case started in 2018)? It doesn't make any sense from any legal standpoint because how can one pick and choose which of these new laws can be applied retroactively (isn't it all or none)?

    If we have a legal right to appeal against the Court's decision please advise what that process is, what the cost will be and a deadline for doing this?

    Do we have a right to ask the Court to compensate us for all the legal costs/time we have wasted using their existing eviction laws (which are now rendered ineffective because of this new law)?

    Apparently this new law states a maximum delay for 1 month ? What exactly does that mean?

    Does it mean :

    a. That we must wait a maximum of 1 month for the Social Services to reply back?
    b. Does it mean that they can reply back (within this 1 month) saying they need 1 year to provide alternative support and accommodation for our tenant? And if that is the case , must we wait another year without rent or being able to access or sell our property , or have the tenant run up massive utility debts before finally evicting him?
    c. Does it mean that the date of eviction will be 1 month?


    Your Spanish laws make little sense to me because they are so imprecise and arbitrary?

    We need clear and specific guidance on how these new laws are going to effect our case.
  • 03-04-2020, 06:07 PM
    Humbug
    Still nothing from the Courts to explain why the eviction was suspended .
  • 03-03-2020, 05:15 PM
    Humbug
    3rd March 2020

    An eviction order was raised to evict the tenant today but was suspended by the Courts yesterday evening (no reason given).

    The tenants lawyer has written a petition to the courts claiming 'Social Vulnerability' for his client , medical ailments , social exclusion , not having enough time to find another apartment or move his possessions.

    The tenant has also dismissed his free legal aid lawyer again (for the 3rd or 4th time ).

    So now you see how the Spanish Court system works (or doesn't work ) to enforce justice !!!

    So even after failing in his appeal to the highest court in Spain , the local courts still allow the tenant leeway to continue to avoid eviction . What a joke the Spanish Courts and Spanish State are - laughable . Complete and utter bias towards the tenants and completely dismissive of the plights of the landlords.
  • 02-14-2020, 02:11 AM
    Humbug
    14th Feb 2020

    The court have accepted the eviction order and will pass it for injunction to the SCNE in Denia. But here is the joke part!

    It says that the tenant has 5 days from the date of this order (11th Feb) to APPEAL !!!! Yes 'APPEAL ' even after he has already failed in his original appeal and also failed in 'his appeal against the rejection of his original appeal'.

    So we know what happens now :

    1. The Procurador will not be able to find a lawyer that represents the tenant (because he's probably dismissed him again).
    2. The court will stop the eviction process and give the tenant 10 days to find another free legal aid lawyer or instruct one to represent him.
    3. After a lawyer is established to represent the tenant, the notification of eviction will be submitted to him by the procurador giving him 5 days to APPEAL.
    4. The lawyer has no other legal means to appeal against the eviction WE HOPE ! BUT NOTHING SURPRISES ME ABOUT THIS RUBBISH 'NOT FIT FOR PURPOSE' LEGAL SYSTEM.
    5. After 5 days , a date for eviction will be set
    6. SCNE Denia will then try and evict the tenant.
    7. On the date of eviction there will be a crowd of his political friends who will try and stop the eviction by physical means.
    8. The eviction might not go ahead
    9. A new eviction date will be planned but with the help of many Spanish Police.
  • 02-01-2020, 01:45 AM
    Humbug
    Now 1st Feb 2020 and we find something even more bizarre and unbelievable.

    I found a website for the Supreme Court of Spain where one can complete an online request to confirm the status of the appeal . It asked for all sorts of information and 'appeal case' references and court registration numbers etc. I informed my solicitor and he couldn't find any 'court references' so he checked where the defendants lawyer sent the appeal .

    He noticed that they sent the 'recurso de queja' to the WRONG COURT !!!!!! They sent it to the 'Audience Provincial ' instead of the 'Supreme Court' .

    So we have been waiting for 3 months for nothing!!!!!

    Why did the defendant send it to the wrong court? Probably to cause more confusion and delay of his eviction.

    Why didn't the Audience Provinvcial Court immediately return the appeal back to the defendents lawyer via the procurador?

    Is there such a thing as a 'WORKING PROCESS' in the Spanish judicial system or do they just make it up as they go along? What a completely rubbish 'fit for nothing' legal process there is in Spain - absolutely worthless and nonsensical.

    So here we go again , the defendent had 5 days to appeal against the last Supreme Court rejection so I'm assuming (unless the Spanish judicial system has some other nice rule that they can 'pull out of their hat' to protect tenants while ripping off landlords) that the deadline has passed and he has no other forms of appeal.

    The eviction order has been raised again and I am expecting the tenant to sack his free-aid lawyer again so that the eviction cannot be processed (ie. another 2 week delay).

    What a joke this Spanish system is - completely and utterly useless waste of time!!!!
  • 01-27-2020, 01:52 AM
    Humbug
    Quote Originally Posted by ifv View Post
    Hello Humbug

    I wouldn't put too much hope in the letter you wrote to the former Spanish Minister of Justice. On the other hand, if your tenant happens to be a provincial leader of a political party, as you state, then perhaps you shouldn't wait until the court case is over to tell the Spanish press about it. Newspapers are eager to publish stories that involve politicians, especially those that don't share their ideology. If Spanish justice isn't working for you, other less orthodox means might.
    Yes, I've had no response from Dolores Garcia and finding the email address of the new Minister of Justice is proving problematic.

    The tenant is/was the provincial president for 'Ciudadanos de Centro Democrático' now called the 'Coalición de Centro Democrático' . One of their senior members who tried to become mayor is the owner of the company that is mentioned on the invoices (that the tenant produced as 'evidence' in his appeal). The invoice is for over 10k euros that he said he spent getting rid of mould from the department in the month he moved in . Lol! How can the courts even believe a new tenant would spend 10k of his own money in the same month he moves in!!!! And the tenant never mentioning any of this to us in the next 2 years in which he paid the rent on time. The courts never even questioned the authenticity of the invoices that were produced in court or the fact that they could be fraudulent.

    Its like the Spanish courts giving permission for the tenants to fabricate evidence without redress . Just go ahead guys and girls , make up your own evidence to drag out the court case , we will pay all your court bills if you are due free legal aid while we squeeze the landlords with massive legal court costs to fill our depleted coffers.

    Its unbelievable!!!
  • 01-21-2020, 11:51 AM
    ifv
    Hello Humbug

    I wouldn't put too much hope in the letter you wrote to the former Spanish Minister of Justice. On the other hand, if your tenant happens to be a provincial leader of a political party, as you state, then perhaps you shouldn't wait until the court case is over to tell the Spanish press about it. Newspapers are eager to publish stories that involve politicians, especially those that don't share their ideology. If Spanish justice isn't working for you, other less orthodox means might.
  • 01-21-2020, 10:34 AM
    Humbug
    Still nothing after nearly 3 months .

    I have complained direct to the Minister of Justice in Spain 'Dolores Delgado Garcia' and also direct to the Supreme Court offices.

    Have now heard that there is a new Minister Of Justice 'Juan Carlos Campo' who has assumed office on the 13th Jan 2020 (sigh!).

    Here we go again trying to find someone in authority in Spain who will seek out and enforce some degree of sanity in the insane Spanish Judicial system.
  • 01-08-2020, 07:40 PM
    Humbug
    Out of desperation , I have sent a complaint email to the Spanish Minister Of Justice : Dolores Delgado García

    I have advised her that after this court case is over , we will be telling our story to the Spanish Newspapers about how a 'Provincial President' of a Political Party (ie. our tenant) could be given many thousands of euros in free legal aid when he had enough money (ie. 18k) to stop his eviction so that he could raise an appeal. I've asked her whether she thought this was 'Spanish Justice' and why would a Landlord consider renting their properties to Spanish residents.

    I have also found out (and I wish the Abogados would actually explain the law more clearly to their clients ) that any outstanding 'Fuel' utility bills are not linked to the property but to the name of the person whose name/NIE is deemed the 'Contract Holder' with the energy company.

    Therefore, if the 'contract holder' is in the name of the tenant , then they are legally liable to pay any outstanding fuel bills , not the property owner.

    So now us Landlords can use Spanish rules/laws to our own advantage bypassing the rubbish Spanish legal system to get rid of tenants defaulting on their rent.

    1. Contact the energy company and ask for the 'Contract Owner' to be changed to us the 'Landlord'. Give them a copy of the deeds , provide them your NIE, open up a Spanish bank account and complete a direct debit mandate.
    2. Then once the contract owner is changed , empty your bank account , cancel the direct debit.
    3. Any electricity charges accrued by tenant of flat will not be paid
    4. Advise the energy company , that you don't have enough funds to pay the bills because the tenant is not paying the rent.
    5. Energy company will cut off the electricity and remove the meter.
    6. Tenant will leave the property

    Okay the electricity company might delay cutting off the electricity and allow a substantial debt to increase which the landlord will have to pay , plus a hefty re-connection charge. Isn't that better than paying tens of thousands of euros to the Spanish legal system that will drag out for years (in our case over 4yrs at a total cost of 24k euros in lost salary due to travel back and forth to Spain, court costs , etc etc)?

    I cannot envisage the electricity company allowing debts increasing into the thousands before cutting off the supply.

    The above seems to be the easiest way to get rid of tenants who default on their rent while still being allowed free legal aid to appeal and delay eviction for years.

    Time for landlords to fight back
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