We have being denounced by a tenant of having changed the locks. What can we do?

We have being denounced by a tenent of having changed the locks on our apartment thus locking him out. even though he requested to come out of the rental contract 3 months ahead of time. Unfortunately we do not have this request in writing. We arranged to meet the tenent on three occasions prior to us changing locks, to collect unpaid rent water and electricity bills but tenent failed to come to these meetings The tenent is also claiming we took two suitcases of his clothes and a plasma television. As rented property was in the city and we live in the country , and the failure of tenent to meet us we changed the locks on the date agreed having first checked that he was no longer using apartment. Three months later we get a denunicia stating we stole his property and locked him out. We are in shock as we never had any complaints from our tenent in fact we all got along fine. Now we are facing a court case for stealing, the tenent has asked for 23 months in prision for my husband or 1000 euros We are pesnioners, are about to engage a lawyer but are really very distressed as we have never had to deal with something like this before and in a foriegn country too

Dear Madam,

Unfortunately your tenant is right. Landlords cannot change the locks or shut off the utilities in the case of a non-paying tenant. You cannot enter the property either until the tenant has vacated it formally.

You can now be accused of illegal trespassing, harassment, coercion etc. All which are of a Criminal nature in Spain subject to being sentenced to jail. Many lanlords are sentenced to jail in Spain because of this.

Please read our article on the matter:

How to Evict a Tenant who is not Paying the Rent – 17th December 2007

Quoting an excerpt:

Quote:

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Can’t I just lock them out or cut-off the utilities and force them (tenants) out this way ?

The problem in cutting off the utilities, or changing the locks to the property is that the landlord may be subject of having a criminal proceeding being filed against him.

Changing the locks without the tenant’s permission can be considered either coercion (delito de coacciones) or unlawful entry (delito de allanamiento de morada), or both. These acts are punishable under the Spanish Penal Code. There is ample Jurisprudence on the matter, and as an example we can cite the Supreme Court ruling of the 28th February 2000 (rec 4642/1998).

If the landlord decides to cut off the utility supply, either directly or indirectly (not paying the invoices), he may also be prosecuted for this act, as it is equally regarded as coercion

In addition to this, the landlord will be breaching the rental contract and this weakens his legal position before a court on claiming eviction.

In any case, the debtor before the utility companies is the owner of the property, never the tenant. Any unpaid utility invoices will go against the property. The landlord will have to pay for all the expenses associated to reconnecting his property to the utility services as well as paying the invoices and any delay interests. For all the reasons outlined, this is not a recommended option.

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I advice you appoint a lawyer immediately. You can contact us on your matter if you wish.

Yours faithfully,
Raymundo LarraÃ*n Nesbitt