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Unregistered
01-13-2011, 10:03 AM
I f you have a property in Spain and you have rented it out but the tenant has not paid his or her rent for a couple of years before the owner notices due to the owner being in another country and ill what rights does that give both the tenant and the landlord Please
Is there a squaters law in Spain and how many years must pass before this comes into effect, and does this law still apply if the owner of the property has been paying the rates on the property????

lawbird
01-13-2011, 01:46 PM
Dear Sir,

If your tenant is in arrears and you have already requested payment on several occasions to no avail, failing to reach an amicable settlement, then I am afraid that your only option is to file a claim for eviction against him or her in order to recover possession of the property (together with any damages corresponding)

In this regard, this person is not a squater because he has a legal interest in the property (ie. the lease contract). He is only in breach of it.

Please note that the current Laws in Spain unfairly benefit the tenant as the eviction procedure is actually quite slow and takes anything from 10 to 18 months (typically one year) until the tenant is effectively vacated from the property by the law enforcement agents. His future ability to pay any damages granted to you under the Judgment will also depend on the solvency of this particular tenant.

One of our Lawyers has written the following article which you may find interesting to have a look at: http://belegal.com/articles/showArticle/spain-tenant-not-paying-rent-spanish-property

If you wish to instruct a solicitor in your case, please do not hesitate to contact us via info @ lawbird.com and we will come to you with more information as to how to proceed.

Kind regards,

Unregistered
01-13-2011, 02:21 PM
if the tenat has been living there for a number of years without paying rent does he/she have any legal claim on the property

lawbird
01-13-2011, 03:43 PM
In your original post you said "a couple of years". If the tenant has been living in the property for two years and has not paid his rent, he can be evicted.

Until you dont follow the Court procedure and obtain a judgment in your favour, there is not much more that can be done to have him out if he is unwilling.