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

  1. #101
    Senior Member
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    Dear Mr Johnson,

    It is unnecessary to name everyone, yes.

    I take the opportunity to offer you our Tenant Eviction Service.

    Should you be interested, please contact us.

    Yours sincerely,
    Last edited by Lawbird Lawyer; 06-21-2010 at 09:28 AM.

  2. #102
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    Default not paying utility bills

    hi

    i was wondering if anyone could help?

    a friend of mine rented their apartment out to a couple. they lived there for around 3 years, the contract was for 11 months each time and then at the end of those 11 months a new 11 month contract was put together.

    at one point during their stay my friend lowered the rent for them so a new 6 month contract was drawn up from feb 2009-sept 2009. after that period the tenants started paying the full rent again. however from sept 2009 - feb 2010 no new contract was drawn up and the tenants left in feb 2010, giving my friend 1 month´s notice.

    now these tenants have not paid the electric bill from jan 2010-feb 2010 (it may also be from dec 2009 too) so they owe her money for the electric bill. she has asked them for the money but they have not contacted her and she has not new address for them.

    legally does she have any rights in terms of getting the money back? and if so how can she do this?

    i wasn’t sure as they did not have a contract showing that they lived there, however there is a concierge in the building and neighbours who will confirm they lived there and email messages from my friend and the tenants.

    thanks in advance for any advice.

  3. #103
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    Dear Sir or Madam,

    It doesn't matter if they did not have a written contract, they will be held liable for these outstanding utility bills regardless. A verbal Tenancy agreement in Spain is just as valid as a written one although for obvious reasons, such the problem you highlight, it is not recommendable.

    The problems rather are:

    1. Is is worth all the hassle and expenses of hiring a lawyer to pursue 2 or 3 month's electrical bill? How much are we talking of? €400? €600?
    2. You need to find them (address)
    3. Do they actually have assets in Spain or elsewhere?

    Yours faithfully,
    Raymundo LarraÃ*n Nesbitt

  4. #104
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    thank you for such a quick reply.

    to answer your questions, they do not have assets but do work full time.

    on the old contract she has their passport numbers and poosibly their NIE numbers so i guess she could find them through that?

    just another question for you, if she were to go through the courts what would happen? would the tenants just have to pay back what they owe her? or would they be charged more?


    once again thanks for such a quick reply.

  5. #105
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    You are welcome.

    As per my post above exactly of what amount owed are we speaking of?

    Yours faithfully,

  6. #106
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    Quote Originally Posted by Lawbird Lawyer View Post
    You are welcome.

    As per my post above exactly of what amount owed are we speaking of?

    Yours faithfully,
    very similar to what you said, around 400-600€

  7. #107
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    I would honestly just write it off being such a small amount. Your friend can offset this loss against the 1 or 2 month's tenant deposit they had.

    Pursuing this amount through the law courts in my opinion is not worthwhile as the expenses incurred would outstrip the reward.
    Last edited by Lawbird Lawyer; 06-24-2010 at 05:05 PM.

  8. #108
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    Default

    thanks again for the reply.

    i will inform her.

    just if she were to go ahead, what would happen to the tenants. would they just have tp pay back the amount or would they have to pay her legal fees and compensation?

  9. #109
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    You are welcome.

    It can be requested from the judge ruling the case to have the legal fees awarded but it depends solely on him. There is no guarantee on this point.

  10. #110
    Colin
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    Default How to Evict a Tenant who is not Paying the Rent

    Hi, Can you help us? Due to the credit crunch we have been unable to pay our rent. My landlord will not consider an amicable agreement and came by the house today to say we had very little time to pay what we owe him. We have received no court papers or any sort of formal demand to pay, indeed I have no idea of the exact amount the landlord believes we owe him. I know what we believe we owe him but there appears to be a discrepancy in this figure. The house is in the Catalonia countryside and we do not have a postal service to the house, I have an Appartado de Correos that the landlord is aware of, no papers have been received there. If he has taken eviction proceedings that we did not know about can these be overturned and if not what can we do? I believe we should be able to pay the full amount we believe we owe to the landlord within the next 3 weeks. Your advise would be invaluable to us now.

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