Search:     Go  
The Spanish Lawyer Online
The Spanish Lawyer Online
Page 2 of 18 FirstFirst 123412 ... LastLast
Results 11 to 20 of 179

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

  1. #11
    Pete
    Guest

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

    This is a bit humiliating. I work for a letting company and we rented a house but did not get the rental contract/inventory back from the tenant. This is a shortterm lease under 12 months. The tenant is not behind and utilities are owed. Is there a way to get the tenant to now sign and if not what can we do?

  2. #12
    Senior Member
    Join Date
    Oct 2008
    Location
    Marbella
    Posts
    1,095

    Default

    Dear Pete,

    Not to worry, we are all entitled to our fare share of mistakes in life, after all, that's what makes us human.

    Back on topic, just tell him that under Decree 218 you need this to be signed again because the Junta de AndalucÃ*a is requesting it and he will be held liable. Besides he must sign it it's part of the tenancy agreement as an annex.

    If the property is outside AndalucÃ*a then you can use the equivalent law.

  3. #13
    Senior Member
    Join Date
    Oct 2008
    Location
    Marbella
    Posts
    1,095

    Default

    Dear Kevin,

    You must sign the inventory, it's part of the contract.

    Besides for some oddball reason tenants indulge themselves on thinking they are somehow more protected in law without signing a Tenancy agreement when in fact, it's just the opposite.

    A landlord cannot have you removed from his property because you've signed a Tenancy agreement, even on you falling behind in the let (or not paying at all). If he dares, he can be reported to the Spanish Police.

    Many landlords are now facing prison sentences for having shut-off the utilities or changing the locks having a non-paying tenant dwelling on the property. Please read the article that started this eviction thread.

    The Landlord will have to follow a formal Eviction Procedure to have you removed which takes on average many months (6-9 months).

    The Government keeps talking on passing new laws to speed up the eviction procedure.
    Last edited by Lawbird Lawyer; 03-27-2009 at 12:58 PM.

  4. #14
    kevin
    Guest

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

    Thank you for responding to me earlier. I have today asked to sign an agreement and was told I would not be given one and must pay or move. Is there anything I can do?

  5. #15
    johnT
    Guest

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

    Hi,
    I am thinking of renting my house. I am debating whether or not to have tenants sign a contract/inventory as the house will be furnished. I have been told it is best to go month to month by some and that I would be ridiculus not to get a contract signed by a tenant. Which would you suggest?

  6. #16
    Meli
    Guest

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

    Hi, I am 10 days behind on my rent and the agent also forgot to give me a contract. When I rented the house the advert said that utilities were included in the rent. I have since received notice from the agent that my contract (which was never signed by me) states that only 80 euros per month is alloted for utilities all else I must pay. I have the advert which states that they are included. I have also been informed that the owners are filing a denucia against me for these utilities and rent. What does this all mean and can you help?

  7. #17
    Senior Member
    Join Date
    Oct 2008
    Location
    Marbella
    Posts
    1,095

    Default

    Dear JohnT,

    I would always suggest you have written Tenancy Agreements. The only reason not to have it in writing is when people are thinking of commiting tax fraud.

    If I were a landlord and renting a fully firnished property I would not let my tenant move in prior to him signing a detailed inventory of all furniture.

  8. #18
    Senior Member
    Join Date
    Oct 2008
    Location
    Marbella
    Posts
    1,095

    Default

    Dear Meli,

    It's not a matter of the letting agent forgetting, it's a matter of you not moving in until you have a signed Tenancy agreement.

    A landlord can have you evicted not only because you are not paying the let but also in case you are paying it late. There's been new rulings in this sense.

    The landlord has probably initiated an eviction procedure against you. Please read the article that started off this thread.

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

  9. #19
    Emma
    Guest

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

    I saw the query before and had a question about similiar. I have just moved out of a flat where it was rented with all utilities included also. Before I moved the landlord filed a Denuncia for unpaid utilities, I was told that this will damage my creditworthiness. I was also not given a contract. Is this true and what can be done?

  10. #20
    Senior Member
    Join Date
    Oct 2008
    Location
    Marbella
    Posts
    1,095

    Default

    Dear Emma,

    If there's no written agreeement perhaps the Landlord is not declaring his rental income which is a tax offence...

    It is normal that the tenant pays for the utilities which he himself is using. In any case that is normally worded into the tenancy agreement. But you don't have one.

    Have you seen a copy of the denuncia filed by the landlord? Ask him for a copy, let's see if he's filed it or if he's just bluffing to push you into paying them.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •