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

  1. #171

    Default

    Hello Denise,

    You can consider the tenant eviction after the first unpaid monthly rent. However, the only way to evict a tenant that does not pay the rent is by court order. Usually, the process takes about two months.

    Some landlords will send a registered fax to the tenant ( out of court) claiming the payment of the rental debt, and if there is no reply from the tenant within a month, the landlord can request the eviction process at court takes place and the tenant will have to leave the property even if he finally pays the due rent. That means that a landlord has two options, depending on the final intentions; If the intention is to recover his money and keep the tenant in the property, he can send a registered letter and immediately after file the eviction process; if the tenant pays within the month, the tenant will remain in the property as the process will be finished. If the rent is not paid, the landlord can start the eviction process. That is, If the landlord preferred that the tenant leaves even if the due rent is paid, he will have to wait for a month since the registered letter is sent.

    I recommend you to hire a lawyer that can prepare the Registered letter, after reading the contract and confirming when the tenant is defaulting on payments.

    Please contact me by email if you wish to discuss further. You will find my email by clicking on my profile.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  2. #172
    Captain
    Guest

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

    Hi I am in a complicated situation and need some advice. I am currently renting a property in Spain to use as a holiday home. The rent is negligible but I take responsibility for paying all the bills and taxes. I have a five year rental contract of which I am now 4 years into. I also own the furniture and have refurbished the house inc wiring and plumbing. I have been informed by the owner that he wishes to sell the house however I have since discovered that the person who I thought was the owner is actually his son, the owner is the father but he died some time back and the family have not yet gone through the process to inherit. Is my tenancy still legal and how would some one in the prospective owner position (the son) evict me? Even if the rental contract goes on beyond 5 years. Also am I entitled to be compensated for the work I have done or can I take it all with me (i.e. strip the house when I leave?
    Thanks

  3. #173

    Default

    Hello Captain,

    If the rent was agreed as a short term rent or holiday rent, the Urban Rentals Regulations ( LAU ) are not to be considered in the determination of rights and obligations of the parties, but the signed agreement. Also, the situation is different if the contact was signed with the gentleman that passed away or with his son. In the first case, the fact that the landlords died does not change anything, unless he was the usufructuary of the property but not the owner. If he was the owner, the contract remains valid until the agreed date of expiration and this misty be respected by the heirs. However, if your landlord was a user, that is, he had the usufruct of the property, the contract would be terminated and the legitimate heirs could evict the tenant right away.

    I recommend you not to make any payment to the landlord´s son until he proves his title as heir or that he is the administrator of the inheritance. In the meantime, it is advisable that you to deposit the rent at the courts, that is, depositing the fund in the courts bank account, so you can prove your will to pay and not failing to meet your obligations.

    If the contract had been signed directly with the heir, the same is valid but it is important to determine the type of contact is it ( holiday or permanent dwelling ) so you know what are your rights and obligations (the conditions appearing in the contract or the LAU ).

    At this point, it is better that you ask a solicitor to check you rental contract to find out that information and advice on the course of action to be followed.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  4. #174
    Silver
    Guest

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

    Do you provide services or representation in the Canary Islands? Specifically Lanzarote?
    Regards
    Silver

  5. #175

    Default

    Hello Silver,

    We do provide legal services nationwide, however, we recommend to hire a local lawyer for tenant eviction processes.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  6. #176
    martin
    Guest

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

    I did a silly thing and moved into a flatshare without a contract. It turns out that my flatmate/landlady who has the tenancy with the buildings owners is completely mental and all of the last 7 people (including the two of us hoping to move out) have had problems with the deposit (we we're not supposed to answer the door to anyone, but we do now).
    Can she evict us immediately at any time without a contract or is there still a legal process to follow (if we have bills etc to prove we have been living there).
    I don't want to stay here any longer than I need to but I'd like to get my deposit back before I go.

  7. #177

    Default

    Hello Martin,

    I assume the property you are renting is located in Spain and that the person that is subletting the property is doing it without the owner´s consent. This means that you can scare her off telling her that if your deposit is not returned, you will notify the owner and the tax Office so she reacts. If this fails, you could take legal actions to cancel the verbal sublet agreement though ,depending on the amount of the deposit, it may not be worth it as this can cost you more than the due deposit.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  8. #178
    Junior Member
    Join Date
    Oct 2017
    Posts
    1

    Default

    Hi

    My mother needs to evict my brother from her home in Mallorca, he has no rental agreement and has already been served with a notice to quit and hand over the keys to the notary who served him, he replied 'i will give the keys back directly to my mother' which he has not done, this was over a month ago now

    Any advice in how we should progress?

  9. #179
    AnnaP
    Guest

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

    Hi. I'm hoping you can advise me. I have been renting a room in an apartment since February 2018. There is no contract. I have paid my rent every month through this past August. I paid either in cash directly to the landlady or into her account. I was let go from my job in August and have been unable to pay September and October's rent to date, but am working on getting money sent to me from the US (my security deposit from my last home in the US, actually, that is still owed to me and will pay for everything). What are my legal rights in this situation? I know that with a contract she would need to wait until 2 months go by unpaid before starting legal proceedings, but she has been receiving the rent in cash without a contract. Any insight would be very appreciated.

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