How to get rid of unwelcome "guest"

Hello all

My quandary is that my daughter asked me to help a friend out for two weeks as he was in between homes and had nowhere to go for him and his dog. I have a very small studio which I bought in my sons name (I have power of attorney). This has never been for rent and is a place I use for my family and friends when they come on holiday. It has now been two and a half months and he has told me I will have to take him to court to get him out. After he insulted me in the street when I asked him to leave I made a denunciation against him. The Guardia told me to go the courts and will be given a lawyer. What I need to know is will this be treated as an eviction against a tenant who has not paid rent? He told the police that I have been banging on the door and threatening him all of which is a lie. He also told them that he has paid me rent but that I am refusing to accept it. I am seventy years old and cannot afford lawyer fees and other fees this might entail. I need to know what to expect to pay out.

Thankyou

Hello Jacquie,

There are two options you can take with regards to your problem, but the first one will only be viable if, at the time you reported your daughter´s friend to the police, you did not tell them that you had agreed to lend him the apartment for a couple of weeks:

1. You can file a criminal claim for property squatting/ misappropriation. This route is cost free and quick and it is also the one that scares the squatter more due to the possible consequences. For you to take this option, you need to be completely certain that he won’t be able to prove that he occupied the property with your consent. Also, and it is very important, that he cannot prove he has or ever had any kind of relationship with your daughter and she must deny knowing him or having ever been in contact with him to intermediate to allow him in the property.

2. Send him a registered letter whereby you notify request him to vacate the property within a week. If he fails to do it, you will take him to court by means of a tenant eviction process. The process can take between two and eight months, depending on the court and the town where the dwelling is located. Later on, you will be in a position to claim and be compensated for damages caused by his permanence in the dwelling without your consent ( for instance, those damages caused for your son having to cancel his holidays ).

In any case, if you do not have sufficient financial resources, we recommend you to ask for free legal assistance from the provincial Bar of Association ( Colegio de Abogados ).


Best Regards

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