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Topic Review (Newest First)

  • 10-08-2020, 02:14 AM
    Humbug
    The petition about COV19 vulnerability was rejected

    The SCNE suddenly told our lawyer on Friday 2nd Oct that the eviction would take place on the 6th at around 09:00 . This meant that the tenant wouldn't have time to raise a petition against the eviction and delay things .

    This took our own lawyer by surprise because he had to attend a trial on Tuesday and therefore couldn't accompany the court officials and procurador to carry out the eviction.

    Tuesday arrives and we are informed on Wednesday that the eviction had been suspended . Apparently the court officials had problems finding our flat using the directions that was given to them by my brother who had visited the flat 4 years ago.

    We had provided the correct outside views of our flat with arrows pointing to the exact location (ie. to the balcony of our flat) but we had provided the incorrect street door number to access the block and stairwells . Therefore the officials decided that they weren't 100% sure so suspended the eviction.

    This is becoming very fishy indeed:

    Yes , my brother provided the wrong street door access because when he visited 4 years ago he took pictures of 2 street door access routes into the block but then deleted the 'correct' one in error from his phone camera.

    When you look at where our flat is on the 2nd floor, there are street access doors just under and adjacent to our flat at ground level (it is plainly obvious), not around the corner of the building 40 yards away to another section of the block (ie. the incorrect street door photo that was on my brothers phone camera). The court officials knew this was the wrong entrance because they sent us a photo of the correct street door querying (as if they didn't know) whether this was the correct entrance point.

    Why didn't they just go through the correct street door go up 2 flights of stairs and look at our flat number on the door? They knew its our flat because we gave them the outside photo with an arrow pointing directly to the balcony of our flat on the 2nd floor.

    The real reason they suspended the eviction was :
    1. They are biased towards the Spanish tenant
    2. They will use any excuse to suspend eviction (even the slightest ).

    I suspect if the street doors were locked , they would suspend the eviction
    If there was a crack in the glass door they would suspend eviction due to health and safety rules
    If there was some water on the stairwells , they would suspend eviction
    If the tenant had removed the door number , they would suspend eviction
    If there were some of the tenants friends blocking their entrance they would suspend the eviction
    If someone else other than the tenant opens the door , they would suspend the eviction (ie. tenant subletting flat illegally)
    etc etc etc


    Why would a tenant risk staying in his apartment if he knew he couldn't stop the eviction in a few days time ? Why risk being given 'x' minutes to leave the flat on Tuesday when he has thousands of pounds worth of belongings (TV, beds, furniture, Fridge, Washing Machine, Heaters , etc etc) that he could lose ownership for? It seems logical to me that he would have no choice but to hire a removal company and transfer all his goods to another address before the eviction date.

    Now if he's still there with all his belonging , then someone must have forewarned him that the eviction would be suspended before Tuesday morning. Now who could that be ? Hmmmmmm..........

    We'll soon know and if he's there I will be asking questions and expecting some answers.

    Anyhow , our lawyer has requested another SCNE eviction date (we'll be charged another 200 euros for that pleasure) and that will take us past Xmas into the new year.
  • 09-22-2020, 05:54 AM
    Humbug
    Another update:

    The tenant has now raised an appeal against the decision made by the court to reject his previous petition . The court are now deliberating on the petition and haven't yet decided to suspend the eviction . In fact we haven't even seen a copy of the tenants 'appeal'.

    So here we go again ........tenant raises a petition , court decides and give 5 days to appeal , tenant raises a petition against the courts decision on the 5th day deadline, court decides again and gives 5 days for tenant to appeal , tenant raises a petition again on the 5th day deadline , court decides .... and so on ... and on ......and on.........

    Complete insanity of a worthless Spanish judicial system.
  • 09-09-2020, 06:31 PM
    Humbug
    Just an update for anyone interested :

    1. The tenant still remains in our flat and not paid any rent for 2.5 yrs
    2. We have processed the eviction request again after the maximum 1 month period that allowed him to get help from the Social Services.
    3. SCNE are supposed to confirm an eviction date but have taken 2 months and nothing received yet ( this seems to be a delaying tactic ordered by the State or local government )
    4. Meanwhile , the tenant raised another petition to suspend eviction process , claiming vulnerability due to COV-19 .
    5. This has been rejected by the court so eviction process continues but have given the tenant 5 days to appeal against their decision.

    So the madness and futility of trusting this useless Spanish legal system goes on and on...........

    Unsure why anyone would contemplate hiring lawyers or using the judicial system when it is so utterly biased. The 'STATE' seem quite happy to waste 10's of thousands of euros on free legal aid for some tenant (with a questionable character) rather than spending that money supporting their neediest.
  • 07-19-2020, 04:33 AM
    Humbug
    Latest update:

    Since the Courts recommenced work just over a month ago , our solicitor filed a request to the judge for another eviction date. Remember that the law states that if a tenant is deemed vulnerable by the Social Services (ie. the tenant claimed he hurt his hand and could not work since Aug 2019) the eviction will be suspended for a max of 1 month. Obviously that was several months ago due to the Cov19 virus lockdown and all legal processes that got caught in 'mid-stream' had to be rewound back to the start again.

    So we are now awaiting this SCNE body to confirm another eviction date.

    We fully expect the tenant to try and delay the process even further by maybe claiming that the Social Services haven't been able to assist him or that he needs more time to find another flat because of the COV19 issues, or that he is self isolating , etc etc.

    In the meantime , we have worked out that the tenant owes us over 11k euros in court/lawyer costs and backdated rent (+ incremental yearly rent increase + compounded interest).

    We also found (too late now) the email from our last solicitor back in 2016 informing us that the tenants contacted them and offered 40k euros for the flat . Amazing! He didn't pay rent for 10 yrs (ie. 36k euros + interest) and then offered our own unpaid rent to try and buy our property .

    So the journey to evict this tenant continues , 4 years on and still counting.

    TO ALL THOSE PEOPLE OUT THERE PLANNING TO RENT A PROPERTY IN SPAIN - DON'T DO IT!! ITS NOT WORTH ALL THE HASSLE . BUY PROPERTY IN ANOTHER COUNTRY WHERE THE LEGAL COURTS ARE UNBIASED AND OFFER TRUE JUSTICE, NOT THIS RUBBISH SYSTEM WHERE THE STATE WASTES LITERALLY 10'S OF THOUSANDS OF EUROS PROTECTING THEIR OWN.
  • 03-10-2020, 05:50 AM
    Humbug
    Looks like the tenant has planned this very craftily . He has said he damaged his hand at work and in a legal dispute over whether it is work related or not. He's on unpaid leave and hasn't received any income since last August.

    He has provided Social Services with documentation to prove the above .

    I can now imagine that the document was created by his old political buddy who owns a construction firm and has created a nice letterheaded note confirming the dispute. He did this before when he was fabricating evidence for the appeal to the Supreme Court , knowing it would take about 2-5 years before they examined it for legality .

    He has convinced the Social Worker that he is vulnerable , therefore that's why the eviction has been suspended.

    We don't have a clue what powers the Social Services will have to coerce Judges to suspend evictions for long periods which could financially ruin honest landlords. We don't have a clue what Judges might decide on a personal whim with regards the date and time they choose for an eviction.

    So now, because we have no definitive laws that can define an eviction deadline , the landlord is left in limbo about what may happen in a months time . This law is rubbish, ill defined and utterly useless in a court of law. In fact , Landlords may as well stop renting their properties, let the rents rise and let the government panic over the escalation in homelessness in Spanish towns .

    If Social Services cause a long suspension of eviction, I will contact them every day to check the status of any measures they should be adopting. I will make their life 'hell on earth ' until the tenant is evicted.
  • 03-06-2020, 06:26 PM
    Humbug
    Update :

    Apparently the new laws dated 6th March 2019 regarding tenancy eviction can be applied retroactively .Therefore any landlords who have an ongoing legal court case trying to evict a tenant 'using the existing Spanish laws before the 6th March 2019' will have effectively wasted their money and time . The tenant can claim 'Social Vulnerability ' and delay the eviction and no-one can tell me the specifics of how this new law will affect a legal eviction date.

    This is what I have said to our lawyer:

    Can you please confirm that you are 100% certain that this new tenancy law dated 6th March 2019 can be applied retroactively for leases signed before 6th March 2019?

    I have attached what I think is the official bulletin stating the new laws and it relates to TITULO 111 article 5. Does it say that this new law can be applied retroactively?

    How can the legal system apply a new law to affect an existing case (our case started in 2018)? It doesn't make any sense from any legal standpoint because how can one pick and choose which of these new laws can be applied retroactively (isn't it all or none)?

    If we have a legal right to appeal against the Court's decision please advise what that process is, what the cost will be and a deadline for doing this?

    Do we have a right to ask the Court to compensate us for all the legal costs/time we have wasted using their existing eviction laws (which are now rendered ineffective because of this new law)?

    Apparently this new law states a maximum delay for 1 month ? What exactly does that mean?

    Does it mean :

    a. That we must wait a maximum of 1 month for the Social Services to reply back?
    b. Does it mean that they can reply back (within this 1 month) saying they need 1 year to provide alternative support and accommodation for our tenant? And if that is the case , must we wait another year without rent or being able to access or sell our property , or have the tenant run up massive utility debts before finally evicting him?
    c. Does it mean that the date of eviction will be 1 month?


    Your Spanish laws make little sense to me because they are so imprecise and arbitrary?

    We need clear and specific guidance on how these new laws are going to effect our case.
  • 03-04-2020, 07:07 PM
    Humbug
    Still nothing from the Courts to explain why the eviction was suspended .
  • 03-03-2020, 06:15 PM
    Humbug
    3rd March 2020

    An eviction order was raised to evict the tenant today but was suspended by the Courts yesterday evening (no reason given).

    The tenants lawyer has written a petition to the courts claiming 'Social Vulnerability' for his client , medical ailments , social exclusion , not having enough time to find another apartment or move his possessions.

    The tenant has also dismissed his free legal aid lawyer again (for the 3rd or 4th time ).

    So now you see how the Spanish Court system works (or doesn't work ) to enforce justice !!!

    So even after failing in his appeal to the highest court in Spain , the local courts still allow the tenant leeway to continue to avoid eviction . What a joke the Spanish Courts and Spanish State are - laughable . Complete and utter bias towards the tenants and completely dismissive of the plights of the landlords.
  • 02-14-2020, 03:11 AM
    Humbug
    14th Feb 2020

    The court have accepted the eviction order and will pass it for injunction to the SCNE in Denia. But here is the joke part!

    It says that the tenant has 5 days from the date of this order (11th Feb) to APPEAL !!!! Yes 'APPEAL ' even after he has already failed in his original appeal and also failed in 'his appeal against the rejection of his original appeal'.

    So we know what happens now :

    1. The Procurador will not be able to find a lawyer that represents the tenant (because he's probably dismissed him again).
    2. The court will stop the eviction process and give the tenant 10 days to find another free legal aid lawyer or instruct one to represent him.
    3. After a lawyer is established to represent the tenant, the notification of eviction will be submitted to him by the procurador giving him 5 days to APPEAL.
    4. The lawyer has no other legal means to appeal against the eviction WE HOPE ! BUT NOTHING SURPRISES ME ABOUT THIS RUBBISH 'NOT FIT FOR PURPOSE' LEGAL SYSTEM.
    5. After 5 days , a date for eviction will be set
    6. SCNE Denia will then try and evict the tenant.
    7. On the date of eviction there will be a crowd of his political friends who will try and stop the eviction by physical means.
    8. The eviction might not go ahead
    9. A new eviction date will be planned but with the help of many Spanish Police.
  • 02-01-2020, 02:45 AM
    Humbug
    Now 1st Feb 2020 and we find something even more bizarre and unbelievable.

    I found a website for the Supreme Court of Spain where one can complete an online request to confirm the status of the appeal . It asked for all sorts of information and 'appeal case' references and court registration numbers etc. I informed my solicitor and he couldn't find any 'court references' so he checked where the defendants lawyer sent the appeal .

    He noticed that they sent the 'recurso de queja' to the WRONG COURT !!!!!! They sent it to the 'Audience Provincial ' instead of the 'Supreme Court' .

    So we have been waiting for 3 months for nothing!!!!!

    Why did the defendant send it to the wrong court? Probably to cause more confusion and delay of his eviction.

    Why didn't the Audience Provinvcial Court immediately return the appeal back to the defendents lawyer via the procurador?

    Is there such a thing as a 'WORKING PROCESS' in the Spanish judicial system or do they just make it up as they go along? What a completely rubbish 'fit for nothing' legal process there is in Spain - absolutely worthless and nonsensical.

    So here we go again , the defendent had 5 days to appeal against the last Supreme Court rejection so I'm assuming (unless the Spanish judicial system has some other nice rule that they can 'pull out of their hat' to protect tenants while ripping off landlords) that the deadline has passed and he has no other forms of appeal.

    The eviction order has been raised again and I am expecting the tenant to sack his free-aid lawyer again so that the eviction cannot be processed (ie. another 2 week delay).

    What a joke this Spanish system is - completely and utterly useless waste of time!!!!
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