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Thread: How to Evict a Tenant who is not Paying the Rent

  1. #1
    julieanjamie@hotmail.com
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    Default How to Evict a Tenant who is not Paying the Rent

    This is the discussion thread for the article How to Evict a Tenant who is not Paying the Rent

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    My partner and i are in arrears with our rental payments by one month we have tried ou best to keep up repayments but i lost my job due to the fact there are no tourists and my partner the main earner had a motorbike accident coming home from work, that was the result of a taxi driver, the insurance for his accident is going through, however, the letting agency has told us they want us out of the property by the end of the week and is threatening balif action please cld you let us know where we stand legally. My partner will return to his position when healed properly he is getting a half of his normal wage and we have offered the letting agency as much as we can afford but they are saying it is not enough.

  2. #2
    Senior Member
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    Dear Madam,

    Was your contract long term or short term?
    How long have you been letting this property for?
    Is this property regarded as your primary dwelling or else as a summer or short term lease?

    I would really need you to scan and email me a copy of your Tenancy agreement before I'm able to reply properly.

    Please do so.

    http://www.marbella-lawyers.com/questions/askALawyer/

    Fill the above online form and email it to us and we'll take it on from there.
    Last edited by Lawbird Lawyer; 12-18-2008 at 01:05 PM.

  3. #3
    Tim Whiteley
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    Default How to Evict a Tenant who is not Paying the Rent

    I am a rental management agent who has been in Spain for 7 years. I am now dealing with my first ever problem of a client who has a 11 month agreement and require 3 month free rent plus electric due to minor damp in 1 bedroom and an openfire which cannot be used.

    Can you please contact me on villasolutions@hotmail.com or 696522171

    thanks

    Tim

  4. #4
    AJ Fitzpatrick
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    Default How to Evict a Tenant who is not Paying the Rent

    I have tenants in Cadiz who stopped paying rent since September 2008, start lease date was June 2008.
    They have refused to pay any more rent, their lease was for 6 months only which expired December 17th 2008. They still remain in the apartment and are not paying any rents nor community fees. They have been served a legal letter to vacate property and pay all monies due and still they remain.
    Since their lease contract is up what can I do to remove the tenants from hell?
    Can I move in to the apartment myself and live there legally as their lease agreement has expired?
    Or what would you recommend?
    Regards,
    AJ.

  5. #5
    Senior Member
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    Marbella
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    Dear Sir,

    As per my article herein above I advise you initiate an eviction procedure as soon as possible. You will have to appoint a lawyer to act on your behalf.

    A new eviction law has been pre-approved
    which will greatly speed up the eviction process to the relief of everyone, execept the non-paying tenant of course.

    You can most certainly not move in to your partment whilst the tenant is still there, regardless if they are paying or not, or else face the risk of being reported to the police. You cannot shut off the utilities either. Please read our article which explains the steps you must take.

    I take the opportunity to offer you our legal services: Tenant Eviction for a Spanish Property.

    Please contact us if you are interested in this legal service.

    Regards,

    Raymundo Larraín Nesbitt
    Last edited by Lawbird Lawyer; 01-30-2009 at 01:15 PM.

  6. #6
    gabriella
    Guest

    Default How to Evict a Tenant who is not Paying the Rent

    we have tenant in our apartment at la apaercida which have not paid any rent or electric or water since moving in in december, do you have a lawer in our area which can help we are costa blanca as we have a mortage on the peoperty which we are now finding hard to met due to not getting the rent please can you help. when we went to see the tenant they were very threatning

  7. #7
    Senior Member
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    Dear Gabriella,

    Our law firm acts nationwide, Costa Blanca included.

    We will be delighted to offer you our Non-Paying Tenant Eviction Service.

    Please contact us for more details or to discuss this matter further.

  8. #8
    Mrs Felton
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    Default How to Evict a Tenant who is not Paying the Rent

    I gave my keys to a friend before leaving Spain who has since rented out our property, she signed the contract not me as far as i know the tenants are still in the property and the bank want to reposses the house, there has been no rent paid and i am unsure whether there is prople in my house, where do i stand legally as i did not sign anything to sya they could stay there, knowing her mistake ( so called friend) she will not answer my calls or emails. How do i get these people out if they are in our house?

  9. #9
    Senior Member
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    Dear Madam,

    We would have to study your case in more detail.

    In any case to give you a brief overview, you could follow a:

    1.- Standard civil eviction procedure against your "tenants" (precarios). You must understand your tenants let in good faith with a tenancy agreement and they were handed the keys to the property.

    2.- A Criminal procedure against your friend for both emblezzement and unlawful appropiation depending on what amount of money she's withheld.

    Regarding option one it is taking on average between 6-12 months depending on where your property is located in Spain.

    We can represent you both on the Civil and Criminal procedure.

    Contact us if your interested in hiring us.

    Yours faithfully,
    Last edited by Lawbird Lawyer; 03-20-2009 at 10:40 AM.

  10. #10
    kevin
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    Default How to Evict a Tenant who is not Paying the Rent

    I rented a house in spain on a 11 month contract. I was not given an contract or inventory to sign. I now have had a hard time due to job hours and am 10 days behind. I did say I would move. The letting agency is saying we must pay now as well as the utilities as per our rental contract, but untilites were included in the rent as per the ad we rented from. Also saying they want to check the items in the house as per the inventory. I never signed a inventory or rental contract- I dont want them to say something is broken when we know it was never in the house. Your advice please

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