auzo

Hi everyone,Thanks for reading my query>

I own a farm in Tortosa, Spain. My wife and I split up 18 months ago as she met someone else. I have been in the UK since. She has now returned to the UK but her boy friend (a very savory charachter with a police record) is now living in my property. For obvious reasons its hard to keep going tback and forth to Spain. Does anyone know a way I can get him out legally that is? I have been told as he has been denounced propr I can use this to stop him living there. I have also been told if I report to the police he is living there without both parties agreement I can stop this. If anyone can point me in the right dirrection I would be grateful.

Rosemary

As Concierge for the Spanish section of BE I would like to say hello and welcome.

BE is a very large expat website, so if you have problems finding your way around we have concierges who will try to direct you. The moderators for the Spanish forums are Mitzyboy and Fred James, moderators are there to ensure that the site runs smoothly within the rules of BE. Problems and complaints should always be addressed to a moderador who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are friendly and helpful with a wealth of knowledge of the issues of living in Spain. At the top of the page you will find a quirkily named thread called Free Beer which is full of important and useful information. Hope you enjoy your time participating in the forums.

Please let me know if you need any further help.

Rosemary

missile

What a nightmare, you have my sympathy

snikpoh

... and my sympathy too.

Friends of ours split up and the wife then rented out their villa and was keeping all the rent herself. In the mean time, the husband has been unable to retrieve any of his belongings (including clothes). He went to the police who then visited the house and spoke to the tenant. Unfortunately, because he had a contract, they claimed that they were powerless to do anything.

I will be very interested to know what others think about this.


It does raise the question that if one is renting out a property, should both landlords (husband and wife) be signing it??

amideislas

My sympathies as well...

We have some friends who have moved back to the UK, and now rent their house here. The tenants originally appeared to be a nice couple, who split up and now the male half inhabits the house.

He is unemployed, and has wild parties frequently. He's 4 months delinquent with the rent, and he is now paying every month. The owners recently came back to try to get him to leave, and found the house in shambles - filthy, many things broken, and apparently there was a small fire and one of the bedroom walls has burn marks.

They've filed a denuncia, but apparently under the law (I believe it's called "vivenda digna?"), there's no way to get him out, unless he quits paying the rent for another 2 months, and then it will take up to one year in the courts before they can get him out, and the owners are responsible for fixing all the things he's broken.

In the mean time, he continues to destroy the place and complains constantly by certified mail about everything that's broken. They are now being forced to fix everything for this low-life.

I guess the morale of the story is that you have to be extremely careful who you rent to. In Spain, you just can't get them out, even if they don't pay the rent and are destroying your property.

I wish you good luck with this. But the law really isn't on your side.

auzo

Additional information:
Many thanks for the posts. Just to confirm a couple of things, this man living in my farm is NOT paying any rent, there is no contract. He was my wifes x partner. She has moved back to the UK and given him permission to stay in the farm. Can she do this without my consent? I am aware he has a court order for something against him, I think its for beating her up. This order is probably to make sure he keeps away from her and the farm but I am not 100% certain. They obviously made things up, silly lady, and she allowed him back in. I am sure everyone can imagine how frustrating this is, the man that broke the marriage living in the family home and I seem powerless to do anything regarding it. Hopefully someone can give me a good point in the right direction. Thank you

snikpoh

This seems quite complex but let me see if I've got it.

Has this man any proof that he has permission to live there?
Can you prove that you own the property?
Are any of the bills (water, electricity etc. in his name)?

If the answers are NO, YES and NO, then I think he is squatting and has no rights to be in the property.

Try the local police station and say that someone has broken in and is now squatting, I'm sure that even in Spain this can't be correct!

Rosemary

Sounds like you need to find out about the order. If it states that he has to keep away from her and mentions the farm I would have thought that you had an extremely good case. When you allowed her to stay there did you have a formal contract which is only signed by her? Surely then he would be classed as any other squatter and you would have certain rights under the law.

Rosemary

auzo

Hi thanks for reply
She was living in Spain while I was working in the UK when she met him and we split. She stayed there while we were trying to sort the divorce, but thats another story. There was no written agreement to allow her to or move anyone else in. Should this be done? she allows him and a number of her friends to stay there when ever they want with our my permission... I can here you thinking what a fool this man is and yes your very right, emotions through a divorce make you do the most stupid things lol

Rosemary

I certainly was not thinking that you are a fool, these things happen. We all tend to do things during divorce proceedings that we wish we had done differently later.

I guess much will depend on how things are on paper, things such as whether you are both on the deeds/mortagage, how you divided things up, how you agree to others using your property etc. You need to gain some really good legal advice because it is sounding to me that it is likely he could be treated as an unwelcome squatter.

Rosemary

Rotor

Move a very large aggressive friend in with him ,as he has no rights he cant stop it , he will soon get fed up of being knocked from post to pillar.

VFR

Spot on !

bob_bob

Take a week off work, go there, move in then phone the police and tell them you have found someone living in your home.

Personally if it was me I'd go with my son and just pack his bags and show him the door, but your not me so maybe not helpful.

JLFS

Just make sure that they skye you with the live the results, and you can enjoy watching from the confort of your own living room...

Me too, scumbag that he is........

People would be surpriesd about how many people bypass the "legal" route, and take the law into their own hands, they nearly always get quicker, better rsults.

Of course it has to be done "right".

angiescarr

I'm not in favour of violence. But I can't help agreeing with this. At least with the moving a very large friend in. Maybe more than one. Drink his milk eat his food. Make him want to leave. Get a group of friends together and go for a 'holiday' in your *own* home together. Then get the place legally made yours...or hers.