Tenant Eviction Nightmare -Part 2
Feb 24th 2020, 4:20 pm
#16
Forum Regular
Joined: Jun 2019
Posts: 32
Re: Tenant Eviction Nightmare -Part 2
The only other way outside of court is to play the system.
I have found out that any electricity bill he runs up without paying (which I am expecting he will) is the responsibility of whoever's name is on the 'contract' and not necessarily the landlords liability. This tenant changed the contract holder name to himself after the previous tenant died.
Now rather than going through this terrible court process spending many thousands of euros getting nowhere and just making lawyers and courts richer , consider the following:
1. Contact the electricity company , produce a copy of the Nota Simple proving you are the legal owner of the property.
2. Ask them to change the contract holder from the tenant to yourselves . Provide them with a direct debit mandate for a new Spanish bank account that you've just opened.
3. Once the change of contract owner has been changed , ensure all monies in your bank account is removed and cancel the direct-debit before the next payment is due.
If the tenant racks up electricity usage, you will be liable to pay the bills as you are now the contract owner. The electricity company will be chasing you for the payment but you can just claim to them that you have no monies because the tenant is not paying the rent.
4. The electricity company will have to cut off the electricity before the debt gets too large .
5. Hopefully the tenant will have no choice to leave if he has no electricity.
I don't know how large the electricity bill will be allowed to increase before they cut it off but its got to be cheaper than going through the court system without any guarantees that you can evict the tenant (especially if they also get free legal aid to keep appealing and delaying proceedings for several years).
I have found out that any electricity bill he runs up without paying (which I am expecting he will) is the responsibility of whoever's name is on the 'contract' and not necessarily the landlords liability. This tenant changed the contract holder name to himself after the previous tenant died.
Now rather than going through this terrible court process spending many thousands of euros getting nowhere and just making lawyers and courts richer , consider the following:
1. Contact the electricity company , produce a copy of the Nota Simple proving you are the legal owner of the property.
2. Ask them to change the contract holder from the tenant to yourselves . Provide them with a direct debit mandate for a new Spanish bank account that you've just opened.
3. Once the change of contract owner has been changed , ensure all monies in your bank account is removed and cancel the direct-debit before the next payment is due.
If the tenant racks up electricity usage, you will be liable to pay the bills as you are now the contract owner. The electricity company will be chasing you for the payment but you can just claim to them that you have no monies because the tenant is not paying the rent.
4. The electricity company will have to cut off the electricity before the debt gets too large .
5. Hopefully the tenant will have no choice to leave if he has no electricity.
I don't know how large the electricity bill will be allowed to increase before they cut it off but its got to be cheaper than going through the court system without any guarantees that you can evict the tenant (especially if they also get free legal aid to keep appealing and delaying proceedings for several years).
Feb 24th 2020, 4:55 pm
#17
Started off with nothing
Joined: Feb 2009
Posts: 4,944
Re: Tenant Eviction Nightmare -Part 2
He was sent home and told another date would be set for the hearing.
His abogado advised that he could face a prison sentence.
He was a nervous wreck, for many months, until ………..
He went to court and the case was dismissed when the tenant did not appear.
His abogado advised that he could face a prison sentence.
He was a nervous wreck, for many months, until ………..
He went to court and the case was dismissed when the tenant did not appear.
Feb 24th 2020, 5:04 pm
#18
Forum Regular
Joined: Jun 2019
Posts: 32
Re: Tenant Eviction Nightmare -Part 2
Hmm strange indeed. If the tenant stole the money they would be in deep trouble but non payment it seems is seen in a different light altogether. It’s still taking something that’s not yours to take. On the other hand turfing someone out on the streets cos they’re broke is pretty awful. Not that I’m implying that’s what’s happened here, some people just know how to work things to their advantage. Wonder if the tenant has done it before? Might be worth having a look.
Feb 24th 2020, 5:16 pm
#19
Started off with nothing
Joined: Feb 2009
Posts: 4,944
Re: Tenant Eviction Nightmare -Part 2
Hmm strange indeed. If the tenant stole the money they would be in deep trouble but non payment it seems is seen in a different light altogether. It’s still taking something that’s not yours to take. On the other hand turfing someone out on the streets cos they’re broke is pretty awful. Not that I’m implying that’s what’s happened here, some people just know how to work things to their advantage. Wonder if the tenant has done it before? Might be worth having a look.
Feb 24th 2020, 5:22 pm
#20
Forum Regular
Thread Starter
Joined: Nov 2017
Posts: 163
Re: Tenant Eviction Nightmare -Part 2
I remember Part I and thought it interesting. Now a relative is in the same position as you (though way back in the process) that interest doubles.
Question - how was it determined that the invoices for building work were false and fabricated? Was it as simple as contacting the supposed builder to ask if the work had been done? Or was the builder fictitious as well - or - no builder was employed and the tenant said he had done the work and the invoices were for materials etc?
I ask because the tenant of the relative moved into a newly renovated apartment (obviously paid for by the relative) but now is saying when he did move in, he paid several thousand Euros in renovation.
Question - how was it determined that the invoices for building work were false and fabricated? Was it as simple as contacting the supposed builder to ask if the work had been done? Or was the builder fictitious as well - or - no builder was employed and the tenant said he had done the work and the invoices were for materials etc?
I ask because the tenant of the relative moved into a newly renovated apartment (obviously paid for by the relative) but now is saying when he did move in, he paid several thousand Euros in renovation.
In Spanish law I don't think a tenant can offset repairs against the debt unless it was authorised by the landlord. All depends on what type of repairs he is claiming for I suspect. The use of offsetting hypothetical repair costs against rental debt is really a ploy to delay eviction via appeals etc . They know the court system is in severe backlog and it can take 4-6 months before they even look at an appeal.
Feb 24th 2020, 5:25 pm
#21
Forum Regular
Thread Starter
Joined: Nov 2017
Posts: 163
Re: Tenant Eviction Nightmare -Part 2
Does anyone know who this SCNE public body are responsible for evictions? I wonder what SCNE is an acronym for ?
Feb 24th 2020, 6:51 pm
#22
Forum Regular
Joined: Jun 2019
Posts: 32
Re: Tenant Eviction Nightmare -Part 2
I’ve no idea hopefully someone who knows will be along in a minute.
What about your man, does he have previous form? If he does how did the last landlord get rid of him?
What about your man, does he have previous form? If he does how did the last landlord get rid of him?
Feb 25th 2020, 12:33 am
#23
Forum Regular
Thread Starter
Joined: Nov 2017
Posts: 163
Re: Tenant Eviction Nightmare -Part 2
These days , I think one can take out insurance against tenants not paying their rent but I suspect you'll need to read the small print.
Feb 29th 2020, 12:33 am
#24
Forum Regular
Thread Starter
Joined: Nov 2017
Posts: 163
Re: Tenant Eviction Nightmare -Part 2
Here is the update if anyone is interested.
The SCNE arranged for the eviction to happen next Tuesday (we've paid our solicitor for a local locksmith to change the locks).
But yesterday the tenant submitted a petition to the court claiming :
1. That not enough time has been given to him to find another place or remove his belongings.
2. That this is causing him anxiety and is aggravating existing medical issues.
3. That he is socially vulnerable and has applied to the Social Services for an assessment.
4. That he requests the eviction is delayed until measures are adopted by the social services to prevent a high risk of social exclusion
5. He has dismissed his lawyer and requests eviction delayed until he has proper legal representation
This tenant is not socially deprived , especially when he has paid 18k to avoid previous eviction, several thousands of euros to appeal to higher courts , paid 150 euros per month into some charitable organisation , is still posting tourist videos on you-tube (he is a tourist guide).
He has also dismissed his lawyer on 3 occasions to delay court proceedings.
Anyhow , just waiting for the Spanish Court to respond but am expecting the worst because they are so biased towards Spanish tenants.
The SCNE arranged for the eviction to happen next Tuesday (we've paid our solicitor for a local locksmith to change the locks).
But yesterday the tenant submitted a petition to the court claiming :
1. That not enough time has been given to him to find another place or remove his belongings.
2. That this is causing him anxiety and is aggravating existing medical issues.
3. That he is socially vulnerable and has applied to the Social Services for an assessment.
4. That he requests the eviction is delayed until measures are adopted by the social services to prevent a high risk of social exclusion
5. He has dismissed his lawyer and requests eviction delayed until he has proper legal representation
This tenant is not socially deprived , especially when he has paid 18k to avoid previous eviction, several thousands of euros to appeal to higher courts , paid 150 euros per month into some charitable organisation , is still posting tourist videos on you-tube (he is a tourist guide).
He has also dismissed his lawyer on 3 occasions to delay court proceedings.
Anyhow , just waiting for the Spanish Court to respond but am expecting the worst because they are so biased towards Spanish tenants.
Feb 29th 2020, 8:40 am
#25
BE Forum Addict
Joined: Jul 2019
Location: jalon valley costa Blanca
Posts: 4,283
Re: Tenant Eviction Nightmare -Part 2
HI DOWNANDOUT What a bloody nightmare i wish these scumbag would put as much work and effort in to earning a living as they do to ripping others off.I hope you get him out soon then blacklist him.best wishes
Feb 29th 2020, 11:02 am
#26
Forum Regular
Joined: Jun 2019
Posts: 32
Re: Tenant Eviction Nightmare -Part 2
It really is a nightmare.
I feel for you.
I also think given everything you’ve said if you went outside of the law to resolve it he would come after you legally.
The electricity thing must be starting to look appealing?
I feel for you.
I also think given everything you’ve said if you went outside of the law to resolve it he would come after you legally.
The electricity thing must be starting to look appealing?
Mar 2nd 2020, 5:19 pm
#27
Forum Regular
Thread Starter
Joined: Nov 2017
Posts: 163
Re: Tenant Eviction Nightmare -Part 2
Further update :
Today just received an email from our solicitor saying the courts have suspended the eviction - no reason given.
So how about that for Spanish justice system?
Today just received an email from our solicitor saying the courts have suspended the eviction - no reason given.
So how about that for Spanish justice system?
Mar 3rd 2020, 1:28 pm
#28
Forum Regular
Thread Starter
Joined: Nov 2017
Posts: 163
Re: Tenant Eviction Nightmare -Part 2
Interesting claims from the tenant who has given reasons for sacking his lawyer .
Apparently he thinks our flat belongs to him but the lawyer wouldn't support legal action to support his claim (we own the flat and the deeds are in our name -we've paid all the bills for 30+ years while he's only been renting since 2007). He claims there is a company that will prove he is the owner - yes the same company run by his mother and father to collect the comunidad from the block residents.
His water has been cut off and he thinks it was our fault and wanted his lawyer to raise a lawsuit against us.
Our water and rubbish bills were found to be mixed up with some outstanding SUMA tax bills for the building company that originally built the block of flats. We couldn't pay 11k debt for someone else's SUMA tax so this took some time to correct and pay our dues . But it seems , in the meantime, the water company shut off the supplies for non-payment. Obviously , we don't get to see any correspondence that might be addressed to our flat as the tenant refuses to allow us in or forward any pertinent mail.
He says the lawyer didn't advise him about the fact that we could cash in the 18k overdue rent he'd paid to stop the 1st eviction (he thought that it would be kept in limbo until the court case ended). Haha - that was bad luck on his part because we got half the rent he owed us. He got away with 18k that was owed to us for any rent older than 5 years due to statute of limitations.
So we are still awaiting the reason for the suspension of the eviction while this tenant pleads 'social vulnerability', 'social exclusion', request Social Services assistance, medical ailments.
This is the same tenant who is involved at a senior level in the running of a political party in Spain
The same tenant who ran as a candidate for Mayor of Lliber in May 2019 .
The same tenant who , with the help of his father, feigned his own death in 2006 to unsubscribe from a different political party.
Apparently he thinks our flat belongs to him but the lawyer wouldn't support legal action to support his claim (we own the flat and the deeds are in our name -we've paid all the bills for 30+ years while he's only been renting since 2007). He claims there is a company that will prove he is the owner - yes the same company run by his mother and father to collect the comunidad from the block residents.
His water has been cut off and he thinks it was our fault and wanted his lawyer to raise a lawsuit against us.
Our water and rubbish bills were found to be mixed up with some outstanding SUMA tax bills for the building company that originally built the block of flats. We couldn't pay 11k debt for someone else's SUMA tax so this took some time to correct and pay our dues . But it seems , in the meantime, the water company shut off the supplies for non-payment. Obviously , we don't get to see any correspondence that might be addressed to our flat as the tenant refuses to allow us in or forward any pertinent mail.
He says the lawyer didn't advise him about the fact that we could cash in the 18k overdue rent he'd paid to stop the 1st eviction (he thought that it would be kept in limbo until the court case ended). Haha - that was bad luck on his part because we got half the rent he owed us. He got away with 18k that was owed to us for any rent older than 5 years due to statute of limitations.
So we are still awaiting the reason for the suspension of the eviction while this tenant pleads 'social vulnerability', 'social exclusion', request Social Services assistance, medical ailments.
This is the same tenant who is involved at a senior level in the running of a political party in Spain
The same tenant who ran as a candidate for Mayor of Lliber in May 2019 .
The same tenant who , with the help of his father, feigned his own death in 2006 to unsubscribe from a different political party.
Mar 3rd 2020, 1:36 pm
#29
Forum Regular
Joined: Jun 2019
Posts: 32
Re: Tenant Eviction Nightmare -Part 2
You couldn’t make this up. I. Surprised someone who behaves like this hasn’t come a cropper before!
I suppose it’s now just more waiting?
I suppose it’s now just more waiting?
Mar 3rd 2020, 1:58 pm
#30
Forum Regular
Thread Starter
Joined: Nov 2017
Posts: 163
Re: Tenant Eviction Nightmare -Part 2
The tenants lawyer is using a new law that was brought in on 6th March 2019 . Its a law to protect the tenant from 'social vulnerability' .
Apparently , if the tenant claims social vulnerability , the Courts will now be obliged to contact the Social Services to help find him alternative accommodation. The Courts will then give the tenant 1 month to move out .
But I've told our lawyer (who didn't seem to know the full details of this new law) that the above only applies to tenants who have signed leasehold contracts on the 6th March 2019 or later. It cannot be used retroactively in our case because the tenant has been renting since 2007.
I can only assume that the courts have suspended the eviction because they either :
a. Didn't have time to read his petition against eviction so just done the suspension out of panic (in case they messed up on a valid point of law).
b. Won't allow eviction until the tenant has legal representation
c. Just using their own personal feelings about the case (without any due recourse for the law) to bias with the Spanish tenant and forego the legal rights of the British Landlord
Apparently , if the tenant claims social vulnerability , the Courts will now be obliged to contact the Social Services to help find him alternative accommodation. The Courts will then give the tenant 1 month to move out .
But I've told our lawyer (who didn't seem to know the full details of this new law) that the above only applies to tenants who have signed leasehold contracts on the 6th March 2019 or later. It cannot be used retroactively in our case because the tenant has been renting since 2007.
I can only assume that the courts have suspended the eviction because they either :
a. Didn't have time to read his petition against eviction so just done the suspension out of panic (in case they messed up on a valid point of law).
b. Won't allow eviction until the tenant has legal representation
c. Just using their own personal feelings about the case (without any due recourse for the law) to bias with the Spanish tenant and forego the legal rights of the British Landlord
