Shameful Tenant Tactics To Avoid Eviction

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Still nothing from the Courts to explain why the eviction was suspended .

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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.

[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 .

[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.

[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...........