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Tenant Eviction Nightmare -Part 2

Tenant Eviction Nightmare -Part 2

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Old Aug 3rd 2021, 11:38 pm
  #256  
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Default Re: Tenant Eviction Nightmare -Part 2

Originally Posted by Moses2013
It's still unclear to me how a squatter will prove they have been there 48 hours. If the door is gone there are also no locks.
From this article below , it is futile having any DIY remote monitoring sensors to report any squatters breaking in . Basically , its futile contacting the police , going through the courts , you just have to kick them out and hope you don't get arrested . If we were ever forced to go through the court system again , we would use the Criminal process and not the Civil Process . It might end up more expensive but there is no express route for either legal processes , it still takes 2 years to get them out. The only good thing about the Criminal process is that they can get a 3-6 month jail sentence and a criminal record which would make it very difficult for them to ever get a loan, rented accommodation or even a job.

You can now report squatters with Spanish police app Alertcops (spanishpropertyinsight.com)

Interesting what he says:
"To the best of my knowledge, the police will not show up unless they are called out by a certified alarm company, or by someone physically present at the property.
But I guess the bottom line is, if you want the police to turn up at your property and kick the squatters out, you can’t report a squatter invasion from abroad by any means. You need to get a local friend or neighbour or property manager to do it for you."


One bit of good news is we now have the keys to the street door entrance into our block. All that worry for several months trying to figure out how to get those keys. Apparently , during the eviction of our tenant (really it was someone else he was subletting to) the court officials and Guardia police requested he hand over those street entrance keys.

Wish our solicitor had informed us back in January because we didn't have a clue what to do apart from visiting our flat and knocking on neighbours doors ,asking them to lend us a key so that we could make a copy.

Last edited by DOWNANDOUT; Aug 3rd 2021 at 11:57 pm.
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Old Aug 4th 2021, 7:02 am
  #257  
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Default Re: Tenant Eviction Nightmare -Part 2

It looks like you've identified part of your problem - a solicitor with poor communication skills and a temporary solution - a neighbour or property manager. I'm assuming you're not on friendly terms with the neighbours or you would know if anyone is squatting there.

It's around 8 months since the eviction, maybe now is a good time to take some action to end your nightmare. As it stands you have no idea if anyone is in your flat, what condition it's in or what to do about it.

You have hundreds of suggestions and buckets of advice on here, all that's missing is for your to write the final chapter and share the solution for others to benefit from your experience. Flights are cheap and a good nights sleep is priceless.
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Old Aug 4th 2021, 1:11 pm
  #258  
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Default Re: Tenant Eviction Nightmare -Part 2

Actually our solicitor is the best we've ever had but there is no solution if you live in the UK, can't afford expensive security doors or monitored alarm systems. The laws in Spain are so biased for squatting that whatever you do , the threat is still there that someone can just takeover your property (and it doesn't have to be a rented property). It's also happening to Spanish residents who just pop out to see the doctor and when they return some scumbag has taken over their property.

But yes, when my brother travels to Spain, he will gut the place , turn off all the water and electricity and put it up for sale. Although building insurance will be very difficult to get for an unfurnished property that is left empty for several months.

Last edited by DOWNANDOUT; Aug 4th 2021 at 1:13 pm.
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Old Aug 4th 2021, 9:13 pm
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Default Re: Tenant Eviction Nightmare -Part 2

Hi DOWNANDOUT you say

"Although building insurance will be very difficult to get for an unfurnished property that is left empty for several months."

Is there not a block policy that each flat owner contributes to? I think that is the norm in Spain. do you not have a "President" who represents the property owners? It sounds like a relaxed administration to put it politely.

Regards jonboy

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Old Aug 4th 2021, 10:24 pm
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Default Re: Tenant Eviction Nightmare -Part 2

Originally Posted by jonboy
Hi DOWNANDOUT you say

"Although building insurance will be very difficult to get for an unfurnished property that is left empty for several months."

Is there not a block policy that each flat owner contributes to? I think that is the norm in Spain. do you not have a "President" who represents the property owners? It sounds like a relaxed administration to put it politely.

Regards jonboy
It is the presidents son who has caused all of the problems.

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Old Aug 5th 2021, 12:51 am
  #261  
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Default Re: Tenant Eviction Nightmare -Part 2

Originally Posted by jonboy
Hi DOWNANDOUT you say

"Although building insurance will be very difficult to get for an unfurnished property that is left empty for several months."

Is there not a block policy that each flat owner contributes to? I think that is the norm in Spain. do you not have a "President" who represents the property owners? It sounds like a relaxed administration to put it politely.

Regards jonboy
It looks like there is no 'Community Of Owners' anymore and we think they are insolvent . Our solicitor sent a letter by Burofax to their registered address but had no reply . I've also sent letters with no response and also posted letters to the flat below ours (asking for the Administrator name and telephone number) but no luck.

I finally managed to insure the property for about £240 from Intasure last year but they have some clauses in their policy that state that they won't pay out if the property is unfurnished or put up for sale.

Last edited by DOWNANDOUT; Aug 5th 2021 at 12:55 am.
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Old Aug 5th 2021, 8:25 pm
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Default Re: Tenant Eviction Nightmare -Part 2

If I were a potential buyer (I am not) as soon as my solicitor informed me of the lack of a president or Community of owners or block insurance and a background of unpaid bills (I wonder if these attach themselves to the property?) I would be off like a shot. Either it goes to auction or you rent it out, I guess.
I fail to see much of an upside!
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Old Aug 6th 2021, 2:08 am
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Default Re: Tenant Eviction Nightmare -Part 2

Originally Posted by jonboy
If I were a potential buyer (I am not) as soon as my solicitor informed me of the lack of a president or Community of owners or block insurance and a background of unpaid bills (I wonder if these attach themselves to the property?) I would be off like a shot. Either it goes to auction or you rent it out, I guess.
I fail to see much of an upside!
As far as we are aware there are no embargos on our property and to be honest having a Community Of Owners (especially fraudulent ones) is worse than not having one. Obviously , if there were problems with the building , there would be difficulties organising repair work and getting payment from each apartment owner. I can imagine that during the COV19 crisis that many people have been unable to pay their Comunidad bills and that their Community Of Owners are struggling to remain solvent.

If there are debts due , then we will soon find out when we visit but still wondering why the water hasn't been cut off yet . It's almost as if someone else is paying the blocks water bills in error (which is why I am suspecting some fraudulent goings-on by our previous Community Of Owners). When I contacted the water company they said all the bills get paid by an Administrator (but we don't seem to have one) and that they could not give me a name as it was all confidential information. They also mentioned that our block was part of another which I think is incorrect . Our block used to be amalgamated with other blocks all under the same building name but then, over 14 years ago, it split off from the others and created their own Community Of Owners (ie. our crooked tenants parents took over) . I'm just wondering if our blocks water bills are being paid by the other blocks Community Of Owners.

All very worrying but hopefully someone will buy the flat (if there are no linked debts).
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Old Aug 8th 2021, 2:31 am
  #264  
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Default Re: Tenant Eviction Nightmare -Part 2

Wow ! Another terrible horror story (look at the video the poor owner made)

Only a matter of time before someone gets badly hurt by these squatters.

EXCLUSIVE Horrifying video shows destruction of British couple’s home 'set alight by squatters' - Olive Press News Spain (theolivepress.es)
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Old Aug 17th 2021, 12:18 am
  #265  
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Default Re: Tenant Eviction Nightmare -Part 2

Even worse example here - check out the 30+ photos of what the squatters did to the Norwegian owners holiday home - heartbreaking and makes me so damn angry.

Spain is gaining a terrible reputation abroad - Terrazas del Rodeo (terrazas-del-rodeo.com)
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Old Aug 17th 2021, 5:56 am
  #266  
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Default Re: Tenant Eviction Nightmare -Part 2

Back in 1984 I purchased my seconf Spanish property which had been abandoned by it's Gibraltarian owners when the frontier was closed in 1969.
The windows and doors both internal and external had been removed generally by breaking the brickwork around them.
Plumbing again was ripped out of the walls as were most electric cables.
There was a fridge left but the parts were spread over 3 rooms.
On a plot of 2000 mtrs
A bargain price 1 million pesetas.

These photos were taken in 2004

But no comfort for DOWNANDOUT or others in his situation




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Old Aug 17th 2021, 12:51 pm
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Default Re: Tenant Eviction Nightmare -Part 2

So how are you preventing the threat of squatters doing to your property what was done to the Norwegian family?

I thought about being proactive against potential new squatters in our apartment after our tenant was evicted last Jan'21

When we evicted our tenant , I immediately sent several emails to the local police and Town Hall councillor responsible for the police. I formally advised them that our property would remain unoccupied and that the only set of keys (after the locks were changed) were given to our lawyer for safekeeping . That if anyone was subsequently found in our property that there would be no confusion about any rights of occupation , that they would be trespassing .

To date , I have never received a reply from either.

I even sent emails to the Town Hall registration department about what rules they used to allow person(s) to register themselves as occupants of our property . Shockingly , they said if the 'person' provided a copy of a paid utility invoice , they would register them as an occupant. The invoice didn't have to be in their name but that of the utility contract owner. This is why squatters immediately try and install a service, pay one of the invoices and register at the Town Hall , to prove to the police they live there (contradicting the owners insistence that these people have broken into his property). The police then wash their hands of the whole affair and then ask the owner to use the judicial process which can cost thousands of euros and take up to 2 years to evict them (while the owner pays all the squatters utility bills).

So far , I have sent the Town Hall a copy of my brothers NIE , his and my lawyers details (both of whom have full POA) , a copy of the Nota Simple , copy of paid SUMA invoice, copy of 'Court Official Eviction' notes but they steadfastly refuse to provide any registration of occupancy information against our property address .

I find it incredible that they can easily accept a strangers paid utility invoice and register them without further checks but when I provide a superior level of proof to access the registration details we are refused and they make the procedure as difficult as possible. The Town Hall have said even if we do follow their process , the only information they can provide is the number of people who have registered as occupants (no names or dates ).

Amazing how biased the Spanish system is for squatters from 'Police to Town Hall to Judicial System'.

Here is a copy of the last email from the Town Hall (I have tried to decipher it in English). Obviously I got frustrated and annoyed by their insistence on following a process that is expensive for us and virtually impossible during the COV19.
----------------------------------------------------------
Sra. , usted no me está entendiendo. Si quieren pedir datos sobre su propiedad pueden hacerlo, pero no lo pueden pedir por e-mail, lo tienen que hacer por escrito y a través del Registro de Entrada del Ayuntamiento. Tienen que pedir cita previa y acudir al Ayuntamiento con toda la documentación y hacer la solicitud. O si disponen de certificado digital (si usted no tiene, su abogado tendrá seguro), lo pueden solicitar a través de la oficina virtual del Ayuntamiento.

Le repito que lo que no puede hacer es pedir la información que usted necesita por e-mail. Y toda la información que ya le he mandado cada vez que le he respondido, explicándole como lo pueden hacer, usted la está ignorando y me sigue preguntando por e-mail y además acusándome de no darle un trato correcto. Yo pienso que le he dado un trato más que correcto a pesar de no darle la información que usted quiere, porque le he intentado orientar para conseguirla. No obstante, si quiere poner cualquier queja ante el Ayuntamiento o ante la Alcaldesa, en la web del ayuntamiento (www.calp.es) puede informarse de como hacerlo.

Un saludo y buenos días.
----------------------------------------------

Sir, you are not understanding me. If they want to request information about their property, they can do so, but they cannot request it by e-mail, they have to do so in writing and through the Town Hall Entry Register. They have to make an appointment and go to the Town Hall with all the documentation and make the request. Or if they have a digital certificate (if you don't have one, your lawyer will have insurance), you can request it through the virtual office of the City Council.

I repeat that what you cannot do is ask for the information you need by e-mail. And all the information that I have already sent you every time I have responded, explaining how they can do it, you are ignoring it and you keep asking me by e-mail and also accusing me of not treating you correctly. I think that I have given you a more than correct treatment despite not giving you the information you want, because I have tried to guide you to get it. However, if you want to file a complaint with the City Council or the Mayor, you can find out how to do it on the city council website (www.calp.es).

A greeting and good morning.
--------------------------------------

What's a digital certificate?

Last edited by DOWNANDOUT; Aug 17th 2021 at 1:09 pm.
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Old Aug 17th 2021, 3:47 pm
  #268  
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Default Re: Tenant Eviction Nightmare -Part 2

Description and procedure here.
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Old Aug 17th 2021, 6:38 pm
  #269  
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Default Re: Tenant Eviction Nightmare -Part 2

Have you tried sending it to your solicitor and asking him to deal with it? I'm assuming and hoping he's in Calpe, or at least the Valencia region. This is best left to the professionals, especially after all the hassle you've had.
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Old Aug 18th 2021, 8:09 am
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Default Re: Tenant Eviction Nightmare -Part 2

I do not understand why OP did not sell this property as soon as squatters were evicted(?)
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