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  • 10-11-2021, 01:29 AM
    Humbug
    Just thought I'd update on our current situation.

    1. Tenant was evicted in Jan 21 .
    2. Our lawyer sent a letter by Burofax to the registered address of the Community of Owners (using the CIF in the court appeal evidence). Asking for 5 years annual accounts, AGM minutes to confirm any Comunidad debt . Received no response.
    2. Ex Tenant and his family (ie. the claimed Presidents of the block) broke back in immediately and changed the locks
    3. Because of travel restrictions my brother could not visit until Aug .
    4. He was obstructed from changing the locks or entering our own property by the ex-tenant, his father and a friend of theirs. They actually attacked my brother pushing down the stairwell and also threatened with a metal skewer (my brother had to file a police report).
    5. My brother came back home to the UK and revisited the flat again with this lawyer but the ex-tenants father obstructed them again ranting and raving that the flat was now the property of the 'Community Of Owners'. He would not discuss the situation with our lawyer so the Guardia Civil were called to allow my brother's locksmith to enter the flat and change the locks.
    6. The police found evidence of drug usage in the flat which had broken windows and doors .
    7. My brother had the place gutted of all furniture , installed a high security door , boarded up all the broken windows and doors , sealed off a way to break in via a window on the stairwell.
    8. We found what we thought was our water meter on the roof in a locked metal caged enclosure with all the other flat meters in the block. The meter had been sealed off for non-payment .
    9. Visited the water company and asked them to check if this was out water meter and what was the status of the account . They gave us account details that didn't make any sense because there was an account for our ex-tenant but not linked to our address but a flat on the 4th floor (ours is on the 2nd floor) . Also the meter number we thought was for our property was contracted to some stranger at a different flat address in our block (ie. on the 1st floor which was derelict). The water company would not reconnect the water meter we thought was for our flat without paying the outstanding balance and reconnection charge (even thought we didn't know for certain that it was for our property). So we paid the outstanding balance, their inspected visited our building and turned the water meter supply back on.
    10. When our property renovator visited our flat the next day there was still no water so he contacted the water company to find out what had happened. They sent the inspector around again and he found that someone had entered the metal caged enclosure and turned the water meter supply off , so he turned it back on again.
    It is obvious to us that the ex-tenants father (now the claimed President taking over control from his wife) has the key to the enclosure and spitefully turned our water supply off.
    11. We will now check again whether the water supply is on or off to ensure there are no leaks in our pipework.

    IT IS UNBELIEVABLE THAT THE POLICE AND AUTHORITIES ALLOW THIS 'PRESIDENT' TO WHATEVER HE WISHES TO MAKE OUR LIFE DIFFICULT. MAYBE THE ONLY WAY IS TO TAKE THE LAW IN OUR OWN HANDS AND FIGHT BACK . KICK DOWN HIS DOOR AND CHANGE THE LOCKS, PAY A SQUATTER TO OCCUPY HIS PROPERTY, BREAK HIS WINDOWS, SABOTAGE HIS OWN WATER SUPPLY . THE POLICE AND AUTHORITIES DO NOTHING SO WHAT OTHER OPTIONS DO WE HAVE OTHER THAN TO GO THROUGH THE RUBBISH BIASED COURT SYSTEMS (A COMPLETE WASTE OF TIME AND MONEY).
  • 01-10-2021, 03:25 AM
    Humbug
    We have now evicted the tenant yesterday but it was not easy. An African man was living in our flat and refused to go saying that he had a verbal agreement with our tenant who he thought was the owner. The court officials informed him of the legalities but he still refused to leave so the Guardia Civil had to be called to assist with enforcement.

    Before they arrived , our tenant turned up saying 'he was the legal owner' and that he didn't know anything about a court eviction'. The court officials informed them to leave or they would be forced out, so they complied .

    Our locksmith changed the locks while the court officials took photos of our flat which is now in a state of disrepair . It is obvious to us that the tenant has been subletting the flat to people who need cheap temporary accommodation. He is obviously living elsewhere and has made a tidy sum over the last 10 years which is why he has been so determined in fighting the eviction .

    So the Spanish State must be delighted that they are now offering free legal aid to their own people to commit fraud against law-abiding landlords - well done Spain.

    If this tenant or someone else breaks into our apartment again there will be blood because we now know from experience that the Spanish Court process is an expensive waste of time.

    THIS IS A WARNING TO EVERYONE OUT THERE WHO IS THINKING ABOUT INVESTING IN SPANISH PROPERTY . TAKE YOUR MONEY ELSEWHERE TO A COUNTRY THAT HAS FAIR UNBIASED LAWS , THAT IS NOT A SQUATTERS PARADISE, THAT DOESN'T OFFER FREE LEGAL AID TO DOMICILES INVOLVED IN CRIMINAL ACTS, THAT DOESN'T HAVE A FAR LEFT GOVERNMENT SUPPORTING SQUATTERS RIGHTS AND CREATING ANTI-LANDLORD/PRIVATE OWNERSHIP LEGISLATION SUCH AS PENALISING LANDLORDS FOR HAVING EMPTY PROPERTIES , HIGHER TAXES ON VALUE OF SALE, DRACONIAN RESTRICTIONS ON RENT, ETC.

    IT HAS COST US 8K EUROS TO EVICT THE TENANT AND 18K LOSS IN RENT . HE HAS EMPTIED HIS BANK ACCOUNTS AND SOLD OFF HIS ASSETS BEFORE THE COURTS COULD EMBARGO THEM TO PAY OUR COURT/SOLICITOR COSTS. ALL WE GET BACK IS OUR PROPERTY THAT IS IN A STATE OF DISREPAIR.

    THANK YOU VERY MUCH SPAIN - GOODBYE AND GOOD RIDDANCE
  • 12-18-2020, 06:34 AM
    Humbug
    The eviction date we were given next week has been suspended again - this time the SCNE court official has been quarantined due to COV19 , so next eviction date in Jan 2021 .

    So we were now getting close to 3 years to evict the tenant through the so called 'express eviction' process . To every potential landlord out there , please don't invest in Spain or rent out your properties.
  • 11-25-2020, 05:22 AM
    Humbug
    We had a new eviction date yesterday and guess what ? It was suspended again .

    Our tenant is subletting the flat illegally but because the lady living there has a child , they couldn't evict her , even if she didn't have a 'Lease Title' as proof .

    So it goes on and on and on.....................

    Another SCNE eviction date is required (4-6 week delay).
  • 10-08-2020, 02:14 AM
    Humbug
    The petition about COV19 vulnerability was rejected

    The SCNE suddenly told our lawyer on XXXXX that the eviction would take place on the XXX 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.

    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.

    Anyhow , our lawyer has requested another SCNE eviction date (another several weeks delay).
  • 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.........
  • 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 this madness goes on and on...........
  • 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.
  • 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 and 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 .
  • 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.
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