How to Evict a Tenant who is not Paying the Rent

[catherine]

I am renting a property through an agent and have never fallen behind on the rent. The agent rang last week and said that the bank are going to repossess the house because the owner has not paid the mortgage and needs to remove the owners belongings stored in the garage.(which I allowed).The agent told me not to worry because i have a 10 month contract the bank will have to honor it is this true ,I am worried the bank will come and take my possessions because the owner isn't paying the mortgage.

[Lawbird Lawyer]

Dear Sir,

I would advise you do it in Spain. Normally no less than 2 hours.

[iraj]

we have a tennant she dont pay the rent for last 6 months, she damaged the property, and house is in a very bad condition in and out what the best to do ? although we have issed section 8 to her but she not boder at all,
please email me on iraj20@hotmail.co.uk
thank for any advise. fom uk

[Lawbird Lawyer]

Dear Sir/Madam,

Further to your post, I have no idea what section 8 is you are refering to.

I strongly suggest you read the article on the eviction procedure which must be followed in Spain and started off this thread (post 1).

Regardless if the tenancy is short or long term, you will need to have them evicted. I take for granted your tenancy agreeement had no arbitration clause.

In which case you would have to hire a litigation lawyer to initiate the formal eviction procedure.

We can offer you our Tenant Eviction for a Spanish Property:

Who is it intended for:

This service is provided to landlords that have a non-paying tenant in their Spanish property (either a dwelling or commercial premises).

What does the service include?

Analysis of the case and legal advice.
Preparing and filing your suit.
Dealing with court proceedings.
Attending judicial hearings and submitting evidence.
Claiming unpaid rents before the Spanish Courts.
What are the steps ?

We will first try to reach an amicable agreement.

If this fails, we resort to taking legal action. It generally takes a year or less to have the tenant evicted.

If you are interested please contact us.

[Caroline Jaramillo]

I have signed the contract for an student property. It was a nine month contract signed separately, but I signed two of them and paid the deposit trusting in find my other housemate. Five hours later I had realized that I was not able to live in that country for a family reasons and I informed the landlord trying to cancel the contract and agree a reasonable payment, like the deposit of the two rooms that he already charged but he refused to do so and told me that if I signed the contract I have to pay the rent even if I am not living there. Or that I can find a replace tenant and after try to do so, they were going to see if they can do something for me. It Is is it possible to give them an early notification and ask again to cancel the contract or what are the risk I am facing if I dont find a replace tenant before my moving date?

[Lawbird Lawyer]

Dear Ms Jaramillo,

When you sign a Tenancy agreement you are immediately binded by it. Meaning that if you decide, for whatever raeson, to leave the property ahead of the contract's agreed expiration date you may do so giving enough notice (usually one month) to your Landlord.

However you will be held liable for the pending months you agreed to pay until the expiration of the let. Some landlords pursue the outstanding months and some don't, so it's a gamble you take. All will withhold the security deposit which will be not be refunded, in your particular case the 2 months.

Yours faithfully,
Raymundo LarraÃ*n Nesbitt

[kevin nicklin]

in 2007 we brought an apartment and was told by our lawyer that it was debt free we then found out there was a 4,600 euros owing on community charges which was taken out of our bank account can we claim this back from the lawyer

[Lawbird Lawyer]

Dear Mr Nicklin,

Contact the Law Society -in Spanish- of which he is a member of and lodge a complaint. They will guide you on the procedure to follow.

[Graham]

How much notice do I need to give to inspect my spanish property, which currently has tenants?

[Lawbird Lawyer]

Dear Sir,

On you letting a property you lose possession of it.

You have no right to visit or inspect your own property unless your tenancy is one of those that belong to art 4.2 of Spain's Tenancy Act (luxury rentals) in which case both parties have freedom to agree on this and basically any other point as they are not constrained by this law.

If your let is a normal one, post 1st of January 1995, subject to Law 29/94 then the only occassion you would have a right to inspect the property would be as per art 21 on verifying that repair works of some flaw have been carried out correctly.

Bottom line, on letting you lose the possession of the property. Another matter is if your tenant allows you to visit the property, that's up to him but he's not obliged to legally. This permission is highly recommended to always be in writing (i.e. an e-mail suffices) to avoid false accusations.

If you enter your own property whilst there is a tenant inside you would be committing illegal tresspasing even on you being the landlord. Needless to say this is a pursuable Criminal offence in Spain and you can be reported to the Police.

As I always conclude on tenancies, Tenancy Laws in Spain are heavily biased towards tenants for historical reasons that need to be addressed and adapted to social reality.

Yours faithfully,
Raymundo LarraÃ*n Nesbitt