How to Evict a Tenant who is not Paying the Rent
Dear Sir, Recently one of our apartments suffered a water leak from the property above The tenants are now saying that their personal property was damaged and that they will not pay the rent until they are compensated for their loss. Our apartment has some damp now because of this leak and they also want this fixed. However I do not see why I should pay for the repairs or their loss as the problem was not down to me. The other problem is is that I cannot get hold of the owner of the other property to make a claim against him. Can my tenants legally withold the rent? Can they ask me to pay for their belongings? Do I need to fix repairs that were not my fault? How do I make a claim against my neighbour? What if i cannot find my neighbour or he has no insurance? Can i ask my tenants to leave? thanks
How to Evict a Tenant who is not Paying the Rent
thanks for your quick reply, the property was repaired as soon as possible at a cost to me. I was hoping to recover this from my neighbour but he has no insurance. I do have insurance for my home and the contents but they say I need to claim against my neighbour, they also say they do not cover my tenants. My tenants are still demanding money from me and will not pay the rent. please can you let me know..
- How do I make a claim against my neighbour for the costs incurred by me if he has no insurance of his own?
- can my tenants make a claim against my neighbour for their loss?
- my other tenant (in another property) does have renters insurance so I know it exists so if my tenants in this case did have renters insurance could they claim on that?
- what is my next step if they still refuse to pay?
thanks again
Rental Discrepancies: an alternative perspective
"I have a tenant with whom my wife signed a lease for an unfurnished two bedroomed apartment just over a year ago. It was an eleven month lease although the tenant expressed a desire for a longer lease and a wish to stay for at least 24 months and so an extra clause was built into the lease permitting an automatic extension on the lease up to 22 months. The possibility of purchase after this time time was discussed but not written up legally.
Although I have had no problems with my tenant, my situation in the interim has changed.
I initially included a clause in the lease to say that there were were "no grievances against the property" which might cause a tenant difficulties and that all payments against the community expenses were paid.
As it turns out I have been unable to pay the community expenses to the amount of approaching 5000 euros. I was actually aware of this when I signed the lease with my tenant but did not see it as a possible interference.
As a result of non-payment of this debt, my tenant has been approached by the Community lawyers (V and V Advisors) , threatened, and had rights to areas of the urbanisation restricted.
My tenant has suggested that our original lease is not legal and she is maintaning that the original rent is no longer binding as the original lease was signed in good faith with certain understandings. She claims the original lease has been rendered void (by myself because of my knowing of ongoing and permanent debts against the property which would (and does) affect the rights of the tenant with the community) and thus, she says, the original lease never was binding since I as the Landlord was aware that the original agreement was invalid since I knowingly signed subsections whilst being aware of them to be of the contrary.
My tenant has offered a lower rent:800 euros due to the disparity between what was initially offered as part of the rental agreement and what is now available.
As far as I am concerned, the problems between the community and I have occurred after
the contact and do not have anything to do with the the present contract with the original for the monthly rent of 900 euros which I am still expecting.
As the owner of the property, I am requesting the continuation of the 900 euros the tenant has paid for the past 12 months since I have my own obligations in the form of mortgage etc. I am attempting to catch up with the community fees although I do realise that there is a considerable disparity between what I have pa¡d and what is actually owed. In the meantime I have been told that access for my tenant will continue to be be restricted.
A.D. King
Please advise
Andrew King c/o headstartlearningcentre@yahoo.com
How to Evict a Tenant who is not Paying the Rent
Hi Raymundo we recently rented a property 5 bed with pool 4 bathrooms when we moved in the pool was un clean and 2 out of the 4 bathrooms where not useable our land lady said that these problems would be sorted out as soon as we paid the full deposit. We asked various people for advice the who said to us not to pay the deposit till work was completed which we did still no work carried out so told to withhold the rent mean while the water was turned off as there was 2 outstanding bills owing we suspect the landlord has done this as the meter is still there were do we go from here ?? help please.
How to Evict a Tenant who is not Paying the Rent
I am a property owner and about to start a new agreement with an agent for them to rent out my property on short-term (landlord/tenant) lets to tenants that they source. Having previously experienced a [uk] agent go bust on me losing rent and deposits that they held, I requested that this new agreement allow all tenant deposits and ‘last-month’ rent to be held by me rather than the agent. The agent have said that they cannot do this because it is a legal requirement in Spain for deposits to be held by the agent. Is this correct? What if there were no agent the landlord/owner would hold the deposit.
How to Evict a Tenant who is not Paying the Rent
Dear Sir I do hope you can give me some advice. Almost 3 years ago, I rented my property in Catalonia, out to my 'friends', as they were friends, we did not sign contracts, and I did not ask for a deposit, however now they are 3 months behind with the rent. Could you please advise me my legal position and what steps I should take to get them removed from my property.
Kindest Regards
How to Evict a Tenant who is not Paying the Rent
I am intending to seek, through the courts, the eviction of various tenants from a single residential property I own on the Costa del Sol. The property has been occupied by a family, children and related in-laws. When applying to the court for eviction of everyone, is it compulsory to name each and every individual within the demand or is it sufficient to just name only the principal family member on the Tenancy Agreement in order to have everyone removed.
Thank you for your consideration and anticipated response.
How to Evict a Tenant who is not Paying the Rent
Hi, Can you help us? Due to the credit crunch we have been unable to pay our rent. My landlord will not consider an amicable agreement and came by the house today to say we had very little time to pay what we owe him. We have received no court papers or any sort of formal demand to pay, indeed I have no idea of the exact amount the landlord believes we owe him. I know what we believe we owe him but there appears to be a discrepancy in this figure. The house is in the Catalonia countryside and we do not have a postal service to the house, I have an Appartado de Correos that the landlord is aware of, no papers have been received there. If he has taken eviction proceedings that we did not know about can these be overturned and if not what can we do? I believe we should be able to pay the full amount we believe we owe to the landlord within the next 3 weeks. Your advise would be invaluable to us now.
How to Evict a Tenant who is not Paying the Rent
Dear Raymundo
Thank you for the quick reply. 3 questions: 1) how do I find out if there is a law case filed? 2) How do I find out how much money I need to lodge with the Court or Notary.? 3) How long do eviction processes now take in Spain?
How to Evict a Tenant who is not Paying the Rent
Hi,
We have tenants renting our property in the Estepona district of Costa del Sol on an 11month agreement. They are 3 months in arrears with rent + utilities. I had heard about a change in legislation "15 day eviction notice" - could you explain if this is correct and what costs we would incur to start eviction proceedings.
We have tried to find an amicable solution but I don't believe the tenant is working so may never be able to pay.
Is there a fast way to evict them?
Thx
How to Evict a Tenant who is not Paying the Rent
Hi can you give me an idea of what it would cost for you to represent us?
How to Evict a Tenant who is not Paying the Rent
Hi, please could you tell me how this new law of eviction will help me, i'm a pensioner and have moved to Andalusia to live, and rented my piso as i am unable to sell it at the moment, in the costa brave, the tenant a young girl of 18 has not paid rent after the first month and is into the deposit money, so at the end of this month she will start to owe money, she is advertising a room to let, she has undesirables in there she is leaving rubbish in the enterance hall, and she has a rabbit on the balcony, the elderly couple upstairs to her are very concerned, what can i do?
How to Evict a Tenant who is not Paying the Rent
Hi there,
I have read with interest your articles as well as the various blogs and would be interested to have your legal point of view.
I am an Englishman owning several properties, one of which I have rented out on a room to room basis, usually to young Spanish guys working in the building trade. Each occupant has a separate but simple occupancy agreement ( anything from a three month to two year arrangement) . They all share the facilities within the property. I now realise, the effort in collecting rent, especially when nobody is at home and maintaining the property is just not worth the trouble.
Please correct me if I am wrong, I understand the easiest way to get rid of the whole lot of tenants in one attempt is to have the one regularly consistently bad paying guy evicted on breach of agreement which would mean he would have to leave the entire property empty for me to repossess. The other tenants automatically being evicted under the same ruling. I had thought that I would have to take action against everyone individually but I´ve been led to believe I only have to get rid of one to get rid of them all. And with this particular guy´s bad payment record he does represent the easiest one to go against with my strongest chance of legally winning his eviction. In theory this sounds like an ideal solution to get everyone out of my property in one simple action, so I can put it on the market, but in reality, would it actually work. My only concern is that all the other men are paying on time and meeting their obligations with regard to keeping the property clean and in good working order, one particular guy has been in the property for a few years.
Are there any laws that the other guys might evoke to protect themselves - I suppose I should be aware of this in advance.