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Thread: How to Evict a Tenant who is not Paying the Rent

  1. #161
    Anthony
    Guest

    Default How to Evict a Tenant who is not Paying the Rent

    I have an apartment in Madrid which i have rented in 2011 for 1 year (contract ends in April 2012). The tenant stopped paying the rent in September, invoking personal problems and demanded extra time to resolve his financial issues.
    Everytime i approach him, the same story: he needs more time. I cannot wait anymore and i want to start the eviction process. How long do you think it will take with the new law that was passed in October 2011?
    Also, if i have a document signed by him in which he acknowledges the debt, can i hope to recuperate the amount?
    Advice will be much appreciated

  2. #162
    Anthony
    Guest

    Default How to Evict a Tenant who is not Paying the Rent

    Is this forum still active?

  3. #163
    Senior Member
    Join Date
    Oct 2008
    Posts
    139

    Default

    Hello Anthony,

    It is indeed active, you can write here or email me on afloresatlawbird.com
    Antonio Flores
    Abogado/Lawyer
    Lawbird Legal Services | Contact Me
    Instagram | Read my Blog

  4. #164
    Jose Ferrer
    Guest

    Default How to Evict a Tenant who is not Paying the Rent

    Dear Sirs. Could you please explain the way, assuming there is one, to effect an eviction notice in the absence of a rental contract. Many thanks in advance.

  5. #165

    Default

    Dear Mr. Ferrer,

    A rental agreement can be regarded as valid even in absence of a written rental contract providing that you can show evidence of the rental; for instance e-mails between you and the tenant/s, bank statements that show regular transfers from the tenant or invoices if payments were made in cash; declarations by neighbours indicating the tenant lives in the building and in that particular dwelling, as well as any other type of evidences accepted by law. In this case, you could start the corresponding legal actions to start a tenant eviction process that finally led to the eviction notice that you mention if your tenant stopped paying the rent.

    Please read the following article that outlines the steps to be followed and aspects to be taken into consideration when you need to start an eviction process:
    http://belegal.com/articles/showArti...anish-property

    Hiring the services of a solicitor is highly recommended in these cases as they will advice on the validity of the evidence and take care the of the legal issues.

    If you wish you can send me e-mail on Patricia at Lawbird.com and I will be able to study your case and advice how to proceed further.

    Best Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  6. #166
    andy
    Guest

    Default How to Evict a Tenant who is not Paying the Rent

    hi patrica
    my landlord in barcelona insist i pay my rent on the 1st of each month the problem is my wages dont clear till around the 6th so for the last 3 months im getting charges from my bank.the agent wont change the dates so i have to travel 50km round trip to pay the agent in cash each month.is this normal or can i ask the bank to repay the direct debit again on th 6th

  7. #167

    Default

    Hello Andy,

    According to the Urban Rentals Law, that is, Ley de Arrendamientos Urbanos, article 17, the payment of the rent is agreed by both parties and unless otherwise agreed, the payment will be made each month and shall be effective within the first 7 days of each month. This means that unless you indicated in writing that payment should be made on the 1st of each month, you are free to pay on the 6th.

    There is nothing to worry about if you can prove you pay your rent every 6th. I recommend you to talk about this with the rental agent so the landlord is informed of your circumstances and the direct debit is arranged to be charged after the 1st each month.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  8. #168
    Farid Alsaati
    Guest

    Default How to Evict a Tenant who is not Paying the Rent

    Dear sirs.
    i want to evict the tenant who not pay for 4 monthes. do you have some to help me. in Miraflores /Fuenjirola.

    with best regards and thank
    Farid

  9. #169
    Senior Member
    Join Date
    Oct 2008
    Posts
    311

    Default

    Dear Mr. Alsaati,

    We recommend that you take action as soon as possible, as by experience, getting a tenant to pay an outstanding debt or getting them out of a property can be a difficult and long process. For more details on our service please reffer to the e-mail which I sent you this morning. Best regards, Marta
    Marta Flores
    Legal Assistant at Lawbird
    Check My Profile

  10. #170
    Denise
    Guest

    Default How to Evict a Tenant who is not Paying the Rent

    Hi Patricia, hope you are able to help. My partner and myself own an apartment in north costa blanca. We have rented it to a girl and her son since June and her contract runs out in April. She has paid all the rent and bills up to date until this month, although always paying late and not all in one go. This month she is 3 weeks late with rent and bills and for the last week and a half is not answering phone calls, text messages, emails etc that we have left for her. We have also been to the apartment but she is either never there or she doesnt answer the door. We would like to resolve this amicably with her, however as she wont phone us to arrange to meet we dont know what to do. We have also seen what we believe to be a cannabis plant growing on the undercover balcony which I dont believe is being used for medicinal purposes. Any advice you can give would be much appreciated.

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