I’ve been renting an apartment for about 9 months and it is a long term 5 year contract with a €2000 eval bancario in place, I have paid rent every month but it has been late most months due to when I receive money from my company, I have not defaulted on any of the payments however and always paid as soon as I could, however last month I received a burofax as a result of late payment and being late again this month I have now received a Diputación and a Jutjat through the post. I am not too sure on where I stand, i can understand eviction based around non-payment but this isn’t the case, also what time frame could I expect if indeed I am evicted and what is the current procedure? Thanks for your advice

Phil

You really need Abogado advice, but have a look here it may help.

I'm the other side of the fence. I am starting this process for one of my tenants because they have paid no bills since August and no rent for the last 3 months.

The first step we took was the buro fax. We have tried to discuss this with the tenant but they are refusing to take calls or keep scheduled meetings.

Just this week we have been to a lawyer and started the legal process. I am told that the first step is for him to present the case to the courts (this for us will only take 1 week but can take a lot longer), they will then ask the tenant to put their side (this step can take 5-6 weeks). We will then be called by the judge to put our case. The courts will then make a judgment (this can take anywhere from 3-? months).

If the courts rule in the landlords favour, the tenant must leave straight away. Costs will have to be paid by the tenant. If they are working then this can be taken at source from their employer.

If the courts favour the tenant then costs must be paid by the landlord and, of course, both sides must carry out the ruling of the court.


Basically, it's a long, drawn-out process that will probably cost us in excess of 2000 euros plus lost rent/bills and NEVER entered into lightly.

Why not try talking to the landlord to find out what the REAL issues are?

It is interesting that you mention discussion with the tenant as this has never taken place, I have repeatedly informed them that it is not a question of whether payment will be made but when. Each month I receive an amount that allows me to settle the rent without issue. The problem I have is that usually I receive funds about 1-2 weeks after the date set within the contract, which was not the case originally. This has meant that I have fallen into a cycle where by it is impossible for me to pay the rent at the time scheduled as it falls at a time late on in the month with regards to my pay. I have every intention to pay and would never not pay yet the landlords actions seem to suggest otherwise. Considering I have always fulfilled my rental commitment, albeit late do you feel the courts would favour me over them. I am also looking to leave the property on my own accord sometime in January or February which means the costly legal proceedings and other nuisances could be avoided. Thanks for the advice and good luck with your case I never intended to be a bad tenant and would have been far happier finding a more amicable resolution. Would my case be strengthed by employing a suitable lawyer to act on my behalf.

If your money doesn't go into the bank until a couple of weeks AFTER the rent is due then why didn't you inform the landlord and change the payment dates. As landlords in the UK we agreed payment with the tenant on a date which suited them best. Have you asked?

Surely you have broken the agreement or contract by paying late?

OK