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Thread: No contract - not paying

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

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    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 LarraĆ*n Nesbitt
    Last edited by Lawbird Lawyer; 07-02-2010 at 11:11 AM.

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