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Thread: Shameful Tenant Tactics To Avoid Eviction

  1. #21

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    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).
    Last edited by Humbug; 12-07-2020 at 05:58 PM.

  2. #22

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    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).
    Last edited by Humbug; 12-07-2020 at 05:59 PM.

  3. #23

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    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.

  4. #24

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    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
    Last edited by Humbug; 01-10-2021 at 03:38 AM.

  5. #25

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    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).
    Last edited by Humbug; 10-11-2021 at 01:33 AM.

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