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We owe 2 months on our spanish mortgage and we have someone staying there who have stopped paying us towards the mortgage. We are trying to get them to leave as it was only to help them out for a while. can the bank still reposses with the tenants in the apartment
Dear Madam,
Your bank can repossess your property in despite of their being tenants in the property, yes, it is unrelated.
Having said that as per art 13 of Spain's Tenancy Act if your tenants are long term (5 year lease) the bank cannot have them removed legally providing of course they pay their tenancy. The bank will have to wait until the 5 years are over to take possession of the property. If the tenants are not paying, they will have to follow an eviction procedure:
How to Evict a Tenant who is not Paying the Rent - 17th of December 2007
Normally in these cases banks reach a settlement whereby tenants leave the property before the five years are up so they can sell on the property.
Please read our article on bank repossessions in Spain:
Bank Repossessions in Spain: A Legal Perspective - 25th of June 2008
Yours faithfully,
Raymundo LarraĆ*n Nesbitt