How to Evict a Tenant who is not Paying the Rent

[B.J.]

Hi Raymundo,
Thank you for your response. I haven´t got back to you earlier as I have been reviewing the various options and my own financial predicament. If, we do pursue the possibility of acquisition by adverse possession I will make contact with you as suggested via your direct email address or call to make an appointment. In the meantime you made mention of ( to quote your words) “new Money Laundering provisions passed on earlier this year now force company administrators, amongst others, to disclose who are the real and ultimate beneficiaries of opaque holding company structures i.e. offshore ones”. As disclosure by the administrators or nominees of my beneficial interest in my off-shore company would an enormous aid in proving my case, I have searched for information on this matter and I can find nothing. What, and who´s legislation should I be searching under ? I have searched under “new money laundering provisions 2010” both in English as well as Spanish and variations on this phrasing but find no references to the legal requirement of administrators to reveal identities of real and ultimate beneficiaries. I should like to check this legislation out if possible.
Thanking you in advance of any information you can provide.
Regards,
B.J.

[Lawbird Lawyer]

Hi BJ

You have it all here:

http://www.sepblac.es/espanol/legisl...a-blanqueo.htm

Regards

[A. Smith]

If the rental address on a contract is incorrect, would this deem the contract invalid and jeopardise my chances of evicting non paying tenants if it went to court?
Thank you in advance.

[B.J.]

Hi Raymundo,
Returning to my issue of Usucapión and your response dated 3rd August. Perhaps you can expand a little on what the actual procedure for Usucapión follows. Presumably it must be a court case or hearing of some sort before the judiciary and my claim would be one of seeking an order for recognition or granting of title under adverse possession. Presumably myself being the claimant , obviously I must produce evidence of just title and good faith both of which I feel I have enough to satisfy the legal criteria – but the question is – is the procedure one of reviewing all the available evidence in the presence of several judges, or a review board, does the procedure take place in a court room, locally or regionally and are the arguments, if any, of opposition taken into account even if the criteria is met satisfactorily before the law. I suppose what I am asking is if under Spanish law all criteria is met can the opposition´s arguments be disputed or even denied entry into the procedure. Because rightful title is being sought in compliance with Spanish law and if these legal conditions are met, opposition should not be a consideration factor – hence ´adverse possession´ and does the procedure follow a court room scenario. Thank you in advance for your considered opinion. Regards, B.J.

[Captain]

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 18 months into. I also own the furniture and have refurbished the house. 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? To really complicate matters the son signed a contract saying that he would sell me the house, would this still be relevant and can I force him to still go through with the sale based on the terms of the contract should he inherit.

[Alan Upton]

Hi.
I have a property in Denia Spain.
The people have not be paying the rent. The Contract came to an end 1st of October 2010 they just moved out and have gone. I'm not worried aboput the rent its just I want to know under Spainish law can I change the locks, they have probably gone back to Holland but as you can probably understand I want to change the locks soonest because I do not know what they have done with keys they never gave them back to my agent there.

Kind Regards Alan upton

[Unregistered]

Hi,

We have rented our property in Mallorca for 18 months now. For 12 weeks we had no running water (on and off) we were without water for almost 10 hours a day (the water is community not mains supplied, to which our Landlord pays for the community charge). Due to this we have not paid rent for 2 months as for these two months we could not shower, flush the toilet, wash clothes etc. We now have running water again so we have started to pay the rent again. We offered to pay 50% of the rent for the two months but the Agent would not accept this only offering a 20% reduction. We are unable to agree a figure so the Agent has said they will cancel the contract and Evict us via the courts. Are they able to do this?

Many thanks all

[K.C]

Hi,i have rented out my flat to tennants on a one year contract, it came to an end 30/08/10, they will not move out and had paid no rent for Sept & Oct.I sent them a letter through a Spanish lawyer to pay up by today.They have paid 1 months rent today, but i want them out now and sell my flat. Can i still evict them as they have no new contract ?

[Josh]

i just but a house about a year ago and i am renting out one of the rooms but the stoped paying me rent and they are on a month to month lease can i tell them that there lease is going to be up at the end of the month and have them removed if they dont leave cause they lost there job and cant pay and i do not have the money to pay for a eviction

[Zena]

Hello, my partner has been running a bar in Spain for 5 years. He originally signed a contract with two other people. This contract has three years to run. The other two people left the bar, taking as much money as they could 2 years ago and went back to England. They are hostile and would not co-operate by removing their names from the contract. This means that it is impossible to sell the bar. My partner has struggled on for the last 2 years to keep the business running. The bar is now losing money and he can no longer pay the rent. He wants to leave. The landlord has two months security payment. Can he have his name removed from the contract so that he is no longer held responsible for any future debts. All other bills have been paid up to date.

Also because of the problem of two other people still being on the contract, could they just be sent eviction letters for non-payment of rent. I'm assuming this would be a sort of formality to give the landlord the right to move into the property.