Landlord: Keys to Successful Rental Income

[Paul Vallance]

Hello. I rented out my apartment in Fuerteventura on 27th April on a six month 'temporada' contract. The tenant paid a one month deposit then paid the rent the following month and then stopped. The eviction process takes so long is it better to just wait till the end of te contract in three months time? Does the tenant have to leave the property at the end of the contract or can he stay there without paying?
Kind Regards, Paul. email vallo@tinyworld.co.uk

[Lawbird Lawyer]

Dear Mr Vallance

A non-paying tenant can stay for as long as he likes in your property legally unless you have him formally evicted retaining a lawyer.

I strongly advise you to read my articles on the matter:

10 Common Mistakes to Avoid on Renting Property in Spain - 22nd April 2010

Rent-to-Buy Or How To Profit From Spain's Market Downturn – 5th November 2009

Express Eviction Law Passed by Congress – 30th October 2009

Non-Paying Tenants? No Longer an Issue – 23rd October 2009

New Express Eviction Law: Much Ado About Nothing -13th July 2009

Paying the Rent Late Twice will be Cause of Eviction – 4th June 2009

Spanish Express Eviction Law Pre-Approved – 24th December 2008

Landlords Afraid of Non-Paying Tenants Take Pre-emptive Measures -16th September 2008

Landlord: Keys to Successful Rental Income – 31st January 2008

How to Evict Non-Paying Tenants – 17th December 2007

Regardless if the tenancy is short or long-term one, you will need to have them legally evicted. I take for granted your tenancy agreement had no arbitration clause.

You can browse our forum on similar cases:

Landlord / Tenant Issues

In which case you would have to hire a litigation lawyer to initiate a formal eviction procedure. You cannot evict them on your own or else they could file a report against you before the Spanish police which could lead to you being sentenced to prison. You cannot change the locks or shut-off the utilities; you may be reported to the Police as it’s a criminal act. Please read my article above.

We can offer you our Tenant Eviction for a Spanish Property:

Who is it intended for?

This service is provided to landlords that have a non-paying tenant in their Spanish property (either a dwelling or commercial premises).

What does the service include?

• Analysis of the case and legal advice.
• Preparing and filing your suit.
• Dealing with court proceedings.
• Attending judicial hearings and submitting evidence.
• Claiming unpaid rents before the Spanish Courts.
• What are the steps?

How much does it cost?

i) Non-luxury rental:

• €1,300 plus 18% VAT in legal fees
• Plus a further €700 for the court agent’s fees.

ii) Luxury rental (>€3,500 p/m):

• €1,300 plus 18% VAT in legal fees
• Plus a further €700 for the court agent’s fees.
• 10% on all the recovered amounts (i.e. rental arrears).

We will first try to reach an amicable agreement.

If this fails, we resort to taking legal action. It generally takes less than a year on average to have the tenant evicted.

If you are interested in hiring this legal service, please e-mail us. We act nationwide.

If you have further legal queries on this matter just post them here.

Yours sincerely
Raymundo LarraÃ*n Nesbitt

[Loopy]

We are looking to evict tenants in Spain who have not paid rent for 18 months.

My father agreed to pay the tenants a 6% comission in the event of a sale for their assitance in showing and marketing the property. Now a buyer has expressed interest to exhange contracts but the tenants have begun to claim extras & phoney expenses yet fail to communicate or send documentation for these expenses when requested.

Buyer has agreed to purchase with the understanding that the tenant will leave once he has received the comission monies + extra money he believes is owing to him. It amounts to extortion with his demands escalating and he is determined not to leave until his demands are met.

We will proceed with eviction court notification if he does not take generous offer made to him.

We want to take out landlord insurance in case of malicious damage to property in the event of his eviction.

I have done an extensive search for insurance companies who can provide this but have not found any. Is there anyone who can recommend?

[Lawbird Lawyer]

Dear Sir or Madam

As it stands to logic no insurance company will agree to insure you if your tenant already stopped paying over 18 months ago.

How can a sale go through if the non-paying tenant is still inside? Is your buyer aware your tenant is not paying?

I suggest you retain a lawyer and have him evicted and make sure the sale goes through. Depending on where your property is located in Spain evictions are taking between 4-12 months.

We can offer you this legal service, please read my above posts which detail our legal fees.

Sincerely
Raymundo LarraÃ*n Nesbitt

[Guiri needs help]

I am currently renting a property and the rent is normally due on the 15th of the month, i have not paid the last months rent so as of this friday i will be one month behind, i have an 11mth contract of which i have completed 6months, i am WILILNING to pay but will not have the funds until the first of may and as it stands the owner has told the rental company that they are no longer willing to wait and has told me that as of the 22nd of THIS month, which would put me a total of 37 days late i have to evict the property or they will change the locks. Can someone please tell me if they can do this, i no longer have a copy of the rental agreement i signed, is it possible there is a clause that let them do this to me even though i am willing to pay all be it late???

[Patricia]

Dear Sir,

Welcome to the belegal forum.

My first advice is that you approach the rental agency and request a copy of your rental contract as you say you have not got it any longer. In the event there was a clause allowing them to change the lock and request eviction due a delay of more than 30 days in the rental fee payment, please note that this clause is NOT legal. Therefore, should they proceed to change the locks while you lived there, I advice you to appoint a solicitor at the earliest to file a report at the relevant authorities. According to law, the eviction process can be started after one day´s delay in the rental payment, though you can oppose, if you paid the due amount, at once. Once you have paid the months´ rent due through opposition, the process will be stopped.

Please click on the following article about how to evict a tenant and you will find all your concerns answered: http://belegal.com/articles/showArticle/spain-tenant-not-paying-rent-spanish-property

Regards,

[David Ives]

I am a complete novice when it comes to renting property, but I'm considering renting out my apartment in Barcelona and have read with interest your valuable advice on the do's and don'ts about this topic.
My question is this :- Is it possible under Spanish law when renting out your property to retain part of your property (say one of the bedrooms) for the sole use of the landlord?
My reason for asking this question is the idea that if the tenant defaults, I could legally move back into the apartment, and make the tenants life a shear living hell so he would leave of his own valition. Thus speeding up the the repossesion of my property.
I bit drastic I know, but would it be legal?

[Patricia]

Hello David,

I am afraid that you cannot proceed as you suggest in your message. However, you can pretend that you are renting various rooms separately and that the tenants can share the common areas ( bathroom, kitchen, etc ), though in that case the " rental" would be regulated by the Civil code and not the Urban Rentals Law, which will unfortunately entail taking certain risks; If your potential tenant only needs to rent your property for a limited and temporary period, there would not be major problems, just that in the event that there was any damage in a room other than the rented room, the tenant would not be held responsible for the cost of the repair ; If the tenant rents the property as permanent residency, and you are not residing there on a regular basis, the tenant can request the nullity of the contract and claim it to be modified to a contract regulated by the LAU ( Urban Rentals Law ), that would mean:

1. He would be able to use all the rooms and space of the property and you, as landlord, will not be allowed to enter the property as long as the tenant remains there.

2. The tenant will be allowed to remain in the property for 8 years, which is the time he can stay at the property according to the said law as long as he pays the rent. The tenant will have to prove that the room rental contract was made under law fraud, which will not be very difficult if you do not really live there and the tenant wants to be difficult.

So, it is up to you; we advice you to value your options and keep a cordial relationship with the tenants.

Regards,

[Tessa]

I have a tenant who should be leaving at the end of August (11mths) but has asked to stay one more month. Will this put me in a bad position and is there a way round it or should I refuse?

[Patricia]

Hello Tessa,

You can obviously negotiate with her and discuss if you are not willing to have him/her there an extra month. However, legally speaking, the Spanish law stipulates that contracts for residential rental can be extended to up to 5 years, mandatory for the landlord and optional for the tenant.

Regards,