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Unregistered
10-15-2009, 02:29 PM
Could you please tell me my rights with this issue.
Previous owner now deceased left an apartment in the will. However the owner had a unpaying lodger staying there with them and now the lodger claims to have rights to stay there. I also come over on holiday and have to stay there with this person. How can i get the person out if i can't change the locks or cut off the utilities

Lawbird Lawyer
10-15-2009, 05:56 PM
Dear Sir/Madam,

Verbal tenancies are just valid in Spain as a written one. I notice you refer to this person as a tenant and not as a squatter meaning that at some point they were paying a rental fee.

Even if they are a non-paying tenant you must have them formally evicted. you cannot lock them out, change the locks or shut off the utilities.

Besides, you are not the landord, only a beneficiary that still has to talke ownership of the property.

Please read our article:

How to Evict a Tenant who is not Paying the Rent (http://www.marbella-lawyers.com/articles/showArticle/spain-tenant-not-paying-rent-spanish-property) - 17th December 2007

Yours faithfully,
Raymundo Larraín Nesbitt