No contract - not paying

[costataff]

I have a tenant who I stupidly let my property to who came up short on the deposit and hasn't paid any more money or rent.
I Issued a receipt for the money they gave as a deposit which was cash.
They are claiming that they do not to leave the property because the receipt is a contract, they are unwilling to pay any more money.
As they have no contact and there is no paper trail of the deposit changing hands ( they have no Bank account)am I to understand that they have full rights as tenants or are due to them not having a contract they are now squatting in my property?
If they have no contract and are squatting, they are constantly going out and the neighbours have told me they are leaving the door open quite regularly, if this is the case - can I just change the locks when the door is left open and the squatters are out?
Also what would be the legal recourse on the disposal of their possesions because obvviously I would not let them gain entry to the property again.

[Lawbird Lawyer]

Derar Sir or Madam,

They are not squatting in your property, they are tenants. A verbal contract is as valid as a written Tenancy agreement.

To get rid of non-paying tenants the only -legal- way is to have them evicted through a formal legal procedure known as "juicio de desahucio".

I strongly suggest you read my detailed articles (and the ensuing thread with queries) which aim to spell out the myths on rentals & evictions in Spain:

10 Common Mistakes to Avoid on Renting Property in Spain – 22nd of April 2010

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


Regardless if the tenancy is short or long-term one, you will need to have them legally evicted.

You can browse our forum on similar cases:

Landlord / Tenant Issues

In which case you would have to hire a litigation lawyer to initiate a formal eviction procedure. You cannot evict them on your own or else they could file a report against you before the Spanish police which could lead to you being sentenced to prison. You cannot change the locks or shut-off the utilities; you may be reported to the Police as it’s a criminal act. Please read my article above.

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?

How much does it cost?

i) Non-luxury rental:

• €1,300 plus 18% VAT in legal fees
• Plus a further €700 for the court agent’s fees.

ii) Luxury rental (> €3,500 p/m):

• €1,300 plus 18% VAT in legal fees
• Plus a further €700 for the court agent’s fees.
• 10% on all the recovered amounts (i.e. rental arrears).

We will first try to reach an amicable agreement.

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

If you are interested in hiring this legal service, please e-mail me. We act nationwide.

Yours sincerely,
Raymundo LarraÃ*n Nesbitt