How to Evict a Tenant who is not Paying the Rent

**Lawbird Lawyer** · 05-04-2009, 01:48 PM

Dear Sir,

You face being sentenced to jail for trespassing.

On you letting a property you lose the possession of it, which is exactly the whole point of a letting contract.

susan · 05-08-2009, 12:18 PM

The tenant who had a 3 year contract has not paid rent for over 6 months. Cam bank are now taking the villa, but the tenant stilll won't pay, his original contract ends in Sept 09, he also claims he has spent 6,000€ on repairs, but no receipts, also i could have claimed on the insurance, but he did not advise me of the so called problems. He did repairs without my agreement, as i did not know about it. He also says he won't allow me onto my property, but is happy to let me lose the villa? He never replies to my emails. What do i do please. I have no spare money live in UK, and do not know what to do. My villa is worth 240,000€ with a mortgage of 157,000€
What do i do? Thanks Susan

**Lawbird Lawyer** · 05-13-2009, 04:30 PM

Dear Madam,

As explained in a prior email the least of your concerns was the unpaying tenant.

Your lender will now repossess your property. But the tenant will actually stay there until he is formally evicted for unpayment. But that will probably be after the repossession procedure is over.

anonymous · 05-19-2009, 06:52 PM

can you ask a tenant to pay outstanding utility bills and damage to the property after they have already vacated the property one month previously? (particularly if the matter was not discussed prior to the tenant leaving the premises and the deposit was already settled)

**Lawbird Lawyer** · 05-22-2009, 10:07 AM

You can ask, another matter is if they will pay you.

If you refunded the one month deposit it is well understood that everything was ok for you otherwise you would have practiced a retention either for the outstanding utility bills or for the damges inflicted to the property or for both.

Your case is weak.

anonymous · 05-23-2009, 04:24 PM

on the subject of outstanding utility bills and deposits - if an agent (working with the tenant on behalf of the landlord) allowed the tenant to use the deposit as the last month rental payment - and didn't advise of any outstanding bills at the point that the tenants vacated the property, but later contacted them to request the payment of such bills - what legal action can be taken against the tenant for not paying these bills? (in this instance, the bills were in the landlord's name and have already been paid in full). the tenant has been notified of these costs but sadly weeks after they had vacated the property. is there any way of legally chasing for these costs if they are refusing to return my calls or is it a lost cause?

**Lawbird Lawyer** · 05-25-2009, 12:10 PM

Dear Sir/Madam,

As per the reply above, it is hardly worthwhile pursuing the matter unless the amounts involved are thousands of euros.

Nickademos · 05-26-2009, 08:02 PM

Hi, can you tell me were I stand. My Agents let out my apartment for a week to prospective client of their's with out our permission or our signatures on the contract. they did not pay any security, also the said tenant did not take a copy of this contract, and has a reciept for one weeks rent. Is the tennant therefore tresspassing on our property as they have no agreement with us to be there.
The said contract also stipulates that they are responsible to pay all utilities, therefore if I did disconnect them how is that cosidered coercion?

**Lawbird Lawyer** · 05-27-2009, 12:20 PM

Dear Sir,

How can an agent let your property without your permission? How does he have access to the property? He has a copy of your spare set of keys.

Is he selling your property and he has let it unbeknownst to you?

Or does he regularly let it for short lets acting on your behalf?