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Tenant Eviction Nightmare -Part 2

Tenant Eviction Nightmare -Part 2

Old Nov 28th 2020, 1:51 pm
  #136  
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Default Re: Tenant Eviction Nightmare -Part 2

Just wondering what happens if a new tenant moves in when this lady moves out just before the next eviction date? Will they suspend it again? What happens if they produce some forged Lease Agreement (suspend again and go through the courts again)?

I just 'smell a rat' about the courts giving ample opportunities to drag this out and squeeze every penny they can out of us.

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Old Nov 28th 2020, 2:16 pm
  #137  
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Default Re: Tenant Eviction Nightmare -Part 2

Jeez, the suspense is killing me. Every time I get an email notification that you've posted I think, 'This is it!' - then it isn't.
You have my full sympathy and I'm glad I'm not in your position.
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Old Nov 28th 2020, 2:33 pm
  #138  
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Default Re: Tenant Eviction Nightmare -Part 2

The moral is clear. Do not become a landlord in a foreign jurisdiction. maybe "Landlordism" is best avoided. Find another way of getting a return on your capital ?
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Old Nov 28th 2020, 7:50 pm
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Default Re: Tenant Eviction Nightmare -Part 2

Originally Posted by scot47 View Post
The moral is clear. Do not become a landlord in a foreign jurisdiction. maybe "Landlordism" is best avoided. Find another way of getting a return on your capital ?
Afraid the moral is ............
Just pay a bunch of heavies to move the shyster out while you are at the local police station asking about a lost kitten.
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Old Nov 28th 2020, 11:25 pm
  #140  
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Default Re: Tenant Eviction Nightmare -Part 2

I'm afraid that might be the only way if using the court system is as futile as we've found (at our great expense).

I've now found out that 'someone' has fraudulently registered my father and aunts name ,NIE and spanish property details (without their knowledge or permission) on some landlord rental network website

I think this where the subletting is happening and the process is :

1. Landlord register themselves on this website with their property details.
2. Tenants then register themselves and can choose properties .
3. Then agents in these property areas act as mediators
4. Once the mediator agrees a rental amount between the parties , the tenant pays the rent to the mediator who probably deducts commission and then pays the landlord.

It just happens that :
1. The tenant is/was a director of this landlord website
2. Is the founder of the agent mediator where our property is located (actually in the same building block).

This is fraud!

I think that poor lady and her son are innocent victims too and that 'African' man who she rented our property from, was the agent mediator.

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Old Nov 29th 2020, 7:55 am
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Default Re: Tenant Eviction Nightmare -Part 2

Originally Posted by VFR View Post
Afraid the moral is ............
Just pay a bunch of heavies to move the shyster out while you are at the local police station asking about a lost kitten.
VFR....I'm with you on this one which would have happened ages ago!!!

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Old Nov 29th 2020, 8:18 am
  #142  
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Default Re: Tenant Eviction Nightmare -Part 2

Yep. Time for the heavies I´m afraid. You won´t get anywhere without them.
There are firms that can do this for you.
Face it....You have got nowhere so far. This is the ony way.
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Old Dec 4th 2020, 4:55 pm
  #143  
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Default Re: Tenant Eviction Nightmare -Part 2

The eviction will go through one way or the other because this is the final stage of the process unless the 'sublet' tenant produces some forged 'Lease Title'. If they do produce some forged lease, then of course we have to go through the courts again because that would be a criminal offence (another 2 year delay I suspect).

The only good things that have happened (which may have 'hurt' our tenant) is the fact that the courts have frozen his 3 bank accounts (which he's almost emptied but left a minimal amount 100 euros in total to avoid suspicion) . They've checked for registration of vehicles , property , etc (zilch!) and I think the only assets he has belong to some rental association (which he runs) whose assets we cannot touch , according to our lawyer. He obviously has a video camera of some sort because of all the you-tube videos he publishes and he's got a computer and other office equipment and another location (from which this agency operates from).

This tenant knows exactly what to do to avoid paying his debt for the next 3 -5 years but hopefully we can blacklist him . He won't be able to rent another place or get a loan or bank account for the foreseeable future.

I have tried emailing him through his rental agency email address and pretended that I wanted to rent out an apartment for temporary purposes , offering 80 euros per week for 2 weeks (just before the next eviction date at the end of Dec) . I was hoping his obvious greed would catch him out and he'd offer me rental of our own flat but he 'smelled a rat' and stopped replying back to me. If he had fallen into my trap, then I'd have had enough proof to report him to the local police for fraud and illegally subletting our flat.

I also contacted the President of the Generalitat Valenciano and the 'Data Protection Dept ' for this rental website below . This is the site where 'someone' (I can't prove its our tenant yet) registered my father/aunt NIE details , property details , etc for rent. That someone produced the 'Nota Simple' plus IBI utility bills under my father and aunts names to get them registered on this website. I haven't got a clue how someone would get the IBI utility bills unless they were posted to our flat address and used by our tenant (we've never seen any paper invoices but paid any amounts owed online to the SUMA office ).

Xarxa Lloga - Generalitat Valenciana (gva.es)

The 'Data Protection Dept' say they have no authority to investigate a matter between individual and public entities and advised I make a complaint through the courts (more expense and time) , report the matter to the local police or make some sort of claim via this other website below. This dept are absolutely useless and won't even confirm that my father/aunts details are registered on this website . How can I contact the police without getting some confirmation as to whether they are registered and who did it?

Dónde encontrarnos | AEPD

So I've now contacted the President of the 'Generalitat Valenciano' hoping he might assist (which I doubt considering the COV19 emergencies).

The strange thing is that our tenant has already produced evidence in court with a statement from that rental agency (which he runs but wasn't known in court at the time) saying he paid my father and aunt via via their registration on the RedAlquila website.

If I can prove it was him or the rental agency that falsely registered my father and aunt on that RedAlquila website , then he could be accused of a criminal offence but knowing the Courts in Spain are so anti-landlord , they'll probably just fine him (but he hasn't got any money) or give him some suspended sentence.

However , if it is proved that he or his agency acted illegally , it would be removed from that website and he'll no longer get paid aid from the government offices that own this rental network.

It's all crazy !!!





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Old Dec 14th 2020, 10:31 am
  #144  
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Default Re: Tenant Eviction Nightmare -Part 2

Downandout, I was just reading a BBC article and thought the below may be of interest to you.

Illegal home occupancy has also been a big story under the pandemic. Opposition parties want to clamp down on it and Madrid's City Hall has announced the opening of an "anti-occupation office" to tackle criminal lodging.

"The right to access a house is of course a right in our constitution, but that doesn't mean you have the right to occupy or get into a private property," says Pere Joan Perete, a criminal lawyer who represents private property owners.

He argues that mafias are taking advantage of vulnerable families by breaking into empty buildings, changing locks, and selling the keys for around €1,000 to €2,000.
https://www.bbc.com/news/55231201
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Old Dec 14th 2020, 11:33 pm
  #145  
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Default Re: Tenant Eviction Nightmare -Part 2

Many thanks but there is also bad news in that article that the Prime Minister might stop evictions until May 2021.

It's now a race against time when he brings in that new law versus our next eviction date (next week) . The property is a jinx , worst possible to insure , worst tenant , worst Community Of Owners (all related to and working to assist the tenant).

We even received a communication from our own lawyer 'feeling sorry for our tenant'. Christ ! It seems that the whole Spanish institution is secretly working against us evicting him.

We now have a claim for over 11k euros debt lodged against our tenant and the courts conducted a search of all his assets such as vehicles , unemployment benefit, bank accounts etc . He has no personal assets and emptied his bank accounts, knowing the courts might seize his funds and transfer any credit amounts to us (the accounts are not frozen and the banks can conduct searches intermittently ,forever if need be, but I doubt they even bother). So the tenant can still use his bank accounts as per usual but will need to be wary in case the court picks a correct time to conduct a search.

He apparently has nothing , even though he offered to buy our flat for over 40k if we stopped the eviction against him. It's quite easy for him to transfer any monies to a bank account named after the business association he runs or add it to his parents account or get a joint bank account , etc . Many ways to escape notice of monies earned in Spain so we'll probably not see a penny.

Yes, its been a horrible 3 years and not over yet because even if we evict him , I imagine he and his family/friends will break back in immediately . I contacted the police to try and forewarn them that our tenant might try this but they haven't bothered to reply back (Spanish looking after their own rather than the nasty British landlords rights).
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Old Dec 18th 2020, 3:18 am
  #146  
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Default Re: Tenant Eviction Nightmare -Part 2

Eviction suspended again - this time one of the court officials who normally does the eviction ,where are property is located, has been quarantined due to Cov19 . Next eviction date in Jan 2021 .
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Old Dec 18th 2020, 8:36 pm
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Default Re: Tenant Eviction Nightmare -Part 2

It seems to me that the court system may not wish to make anyone homeless at this time of health and financial crisis. Socially it would be a very sensitive issue within the local population and could lead to them taking an active part in preventing an eviction.

The ruling Town Hall party would be set up for major criticism in the media. Also the Town Hall would be obliged to offer shelter to the family (who may or may not be innocent in the matter).

Looking at it from that perspective may shed more light on the apparent inability of the “system” to get on with the job.

I do feel for you though.
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Old Dec 18th 2020, 8:43 pm
  #148  
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Default Re: Tenant Eviction Nightmare -Part 2

Any so called official reading the notes should evict this shyster ASAP !
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Old Dec 19th 2020, 2:18 am
  #149  
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Default Re: Tenant Eviction Nightmare -Part 2

Originally Posted by jonboy View Post
It seems to me that the court system may not wish to make anyone homeless at this time of health and financial crisis. Socially it would be a very sensitive issue within the local population and could lead to them taking an active part in preventing an eviction.

The ruling Town Hall party would be set up for major criticism in the media. Also the Town Hall would be obliged to offer shelter to the family (who may or may not be innocent in the matter).

Looking at it from that perspective may shed more light on the apparent inability of the “system” to get on with the job.

I do feel for you though.
The new laws in Spain about eviction were implemented last March or April and took into account the need for Social Services to intervene before an eviction takes place. In fact the Social Services interviewed our tenant in October and classified him as vulnerable (because of some work related hand injury where he said he was taking his employer to court for damages). I can only imagine that Social Services offered him alternative accommodation and he has refused because he is still using our property to illegally sublet.

I agree that the Town Hall and Courts would be under the spotlight but as soon as this case is over and the details are made public , I will be contacting the local media and telling them our story . How a tenant didn't pay rent to us for 10 yrs (owing us 36k) then offered us 40k to buy the flat if we cancelled the court case. Then when we refused got legal aid , fabricated evidence in court in his appeals (with the help of the Community Of Owners - his mother/father) to drag out the case for 3 years . And in that time hasn't paid a penny rent and been using our flat to sublet and make an income which he is hiding away in either some business account or parents bank account (which we cannot touch). In the meantime , the SCNE court officials are doing their best NOT to evict the tenant (or any sublet tenants) from our property.

My father is now 90 years old and has been living on his paltry state pension 7k a year while not being able to step foot in his own property for over 10 years while this scumbag and his parents continually defraud us. My mother died during this court case and she worked damn hard to pay for that apartment which cost her 10k in 1980 and that was a relatively lot of money for 2 people who had poor salaries (she used to say prayers every day that we could get our property back).

Spain , its biased justice system and a criminal tenant and family have a lot to answer for and I won't be easily forgetting even after we get our apartment back.

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Old Dec 19th 2020, 2:51 am
  #150  
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Default Re: Tenant Eviction Nightmare -Part 2

Originally Posted by DOWNANDOUT View Post
The new laws in Spain about eviction were implemented last March or April and took into account the need for Social Services to intervene before an eviction takes place. In fact the Social Services interviewed our tenant in October and classified him as vulnerable (because of some work related hand injury where he said he was taking his employer to court for damages). I can only imagine that Social Services offered him alternative accommodation and he has refused because he is still using our property to illegally sublet.

I agree that the Town Hall and Courts would be under the spotlight but as soon as this case is over and the details are made public , I will be contacting the local media and telling them our story . How a tenant didn't pay rent to us for 10 yrs (owing us 36k) then offered us 40k to buy the flat if we cancelled the court case. Then when we refused got legal aid , fabricated evidence in court in his appeals (with the help of the Community Of Owners - his mother/father) to drag out the case for 3 years . And in that time hasn't paid a penny rent and been using our flat to sublet and make an income which he is hiding away in either some business account or parents bank account (which we cannot touch). In the meantime , the SCNE court officials are doing their best NOT to evict the tenant (or any sublet tenants) from our property.

My father is now 90 years old and has been living on his paltry state pension 7k a year while not being able to step foot in his own property for over 10 years while this scumbag and his parents continually defraud us. My mother died during this court case and she worked damn hard to pay for that apartment which cost her 10k in 1980 and that was a relatively lot of money for 2 people who had poor salaries (she used to say prayers every day that we could get our property back).

Spain , its biased justice system and a criminal tenant and family have a lot to answer for and I won't be easily forgetting even after we get our apartment back.
You've probably already thought of this, but have you tried to get any UK media interested in your/your parents' story? I feel so sorry for your mum and dad, and for you
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