Non-paying tenants refuse to leave my property. What can I do?

[Sundeep]

I have a spanish property in Murrcia in Spain.The tenants are refusing to pay the rent and have not paid since October 2009. The tenants are refusing to leave the property and the letting agents/management company dealing with this property and not actioning out a resolution with the tenents therefore we are having to pay the mortage instalements and the tenents remain in my property. I would like to know what course of action available to me to evict the tenants and also against the letting agents in acting negligently in managing the property.

[Lawbird Lawyer]

Dear Sir or Madam,

Let me start by clarifying that an estate agent's letting job is limited to finding a suitable tenant. It's not their fault, nor can they be held accountable in any way, if the tenant subsequently defaults on their tenancy payments.

The Tenancy agreement is between yourself and the tenant (presumably), acting the agency solely as a middle man who cannot be held accountable as there's been no wrongdoing on their part and it's understandably beyond their control if a tenant becomes a non-payer i.e. the tenant has been let go by his employer in October.

Having clarified this point, I strongly suggest you read my detailed article on the matter:

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. I take for granted your tenancy agreement had no arbitration clause. If you do not evict your non-paying tenant you risk him becoming a long-term tenant (5 years).

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 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 16% VAT in legal fees
• Plus a further €600 for the court agent’s fees.

ii) Luxury rental (those that exceed €3,500 a month):

• €1,300 plus 16% VAT in legal fees
• Plus a further €600 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 contact us. We act nationwide.

Yours faithfully,
Raymundo LarraÃ*n Nesbitt