Stingychips

Send in the heavies. If you cause a headache you will force the police hand. It’s a shame you have to take that route but the Spanish courts are taking you for a mug.

DOWNANDOUT

That 36k profit is only realised if we go ahead with the eviction, pay the embargo, put in a security door and alarm , gut the place and maybe update the bathroom and then sell it . We have someone now who can do all the latter and also check on the property.

If we do nothing we make a loss of 21k.

DOWNANDOUT

There's no winning with the Spanish courts especially when they need your money to avoid total collapse. Injustice and immorality becomes the norm and they tweak their rules, laws and judgement to extort money out of landlords and property owners.

DOWNANDOUT

I think you've got this correct , there are 2 sets of victims and we really need the ex-tenant put in jail to get this 'monkey off our back' while we sort out our property issues.

SanNico

I thought it was empty? Anyway, seriously go and talk to a financial advisor or your local entrepreneur as that seems to good to be true. If you can really spend 21k to make 36k profit you'll have Debbie Meaden knocking on your door by tea time. Or you could crowdfund it. Put me down for 5k if there's 71% profit to be made.

From what you have put on here if you walk now you lose 21k. You need to spend 21k (the same 21k or in addition to the 21k debt?) to sell it for 65k minus c8k in fees leaving 36k profit. 36+8+21=65.

You're not including the purchase cost. Work out:
How much you paid including taxes
How much rent you took
Your costs during the good times
Your costs from the day the bad times started to today. You need to include flights, lawyers, unpaid debts, mortgage etc.

Then decide if it's worth the hassle.

DOWNANDOUT

It might not be empty now as we think the ex-tenant has broken back in.

Yes, my spreadsheet is quite extensive and includes all court costs, lawyer costs, POA/Notary , Hotel, Travel, Locksmiths, IBI and waste taxes, Embargoes , Land Registry Fees , Burofax, DHL Courier, Copies of keys cuts, Taxi fares, lost wages, rent paid , rent unpaid, building insurance , 6k to update house and some other costs. The only thing missing is the Comunidad debt but we don't seem to have a 'Community of Owners' in a legal sense (no AGM minutes or account ledgers ).

I've also added the sales costs : Lawyer, Notary, Land Registry, Plusvalia, CGT, 3k retention fee.

DOWNANDOUT

Just reading the judgement again about the embargo on our property and apparently the judge is in partial agreement with our appeal to offset our debt against the tenants debt . But they don't want to lose the monies owed to the 'court/free legal aid solicitor' that represented our ex-tenants case so that's why they have applied the embargo . But it seems they have also stated that our property cannot be sold until we are 100% certain that the ex-tenant will be unable to compensate us . How weird is that? As far as I am aware , the only 100% certainty is if the tenant dies or my 'father and his aunt' (co-owners of our property) dies.

The crafty judge has protected our property from being auctioned off but at the same time secured the debt to the courts.

DOWNANDOUT

Just wondering if we can ask the local Police to visit our property if we think our tenant has broken back in?

a. My brother visited and couldn't get through the door with the key .
b. He was physically prevented from entering his own property by the ex-tenant and his father .

Point 'b' doesn't mean anyone is actually living inside our property but it strongly implies they've broken back in considering that our lock has been removed and a dummy one inserted (even with the same brand name of the lock that was fitted during the tenants eviction in Jan 21)..

I've reviewed the police process for dealing with these issues :

Example:
If the property is deemed a dwelling and the person occupying the property is not actually living in it, then that is 'Breaking And Entering' and the police can arrest and charge that person (without going through the courts).

Therefore , if I can prove to the Police that the tenant lives elsewhere but is occupying our property , then he could go to jail.

DOWNANDOUT

We've spoken to our lawyer today and he says the Police will not offer protection or a presence.

el collado kid

You might find this interesting
https://www.bbc.com/news/stories-58310532

santaanita

you havent been following this very closely have you

astera

Reading this thread has put me off making any sort of property purchase here, especially if I am going to be away for 2 months during the summer.

So the only way to be safe is to have a professionally-installed alarm system so anyone entering is immediately thrown out and handed to the authorities for breaking and entering?

On a side note I noticed that some villas are labelled with an official-looking sign close to the gate to signify that it's a vacation rental (I can take a photo if needed). Does that give extra legal protection to the property since it serves as a "hotel" of sorts?

growinspain

I hope this was not you or your brother

https://www.euroweeklynews.com/2021/...e-third-floor/

DOWNANDOUT

As far as I am aware a squatter can take over most dwellings if they are not caught red-handed and established themselves in the property. There are instances where people (even Spanish domiciles living in their permanent residence ) have popped out to a hospital appointment to return and find squatters in their home. The squatters immediately change the locks and some even phone the police to say they have established themselves and claim rights of occupation. The owner will then have to either go through the courts or find some other means of getting back their property (anti-okupas companies , paying the squatters to get out , etc). The reason squatters phone the police is to stop owners trying to 'out-squat' them by breaking back in when the squatters are not in the property. If the squatters inform the police , they will know the owner has broken back in and will therefore charge them with illegal entry into their own property.

With regards the intruder alarms , I've heard that the Police will only respond if:

1. They are contacted by a person working for the monitoring alarm company.
2. That there is evidence of the intruder moving around inside the property
3. That the owner or his representative will be at the property when they visit

Note : It is illegal for alarm systems to notify the police directly, which is why human intervention is required between alarm and police notification and why a certified Spanish company must be used .

The best way to deter squatters is mentioned in this article below , but if a squatter is determined to get in they normally succeed . I am on another forum and one of the members has been invaded by a squatter that broke through 5 locks and has now established himself in her property. He's also moved in his girlfriend and another third party knowing full well that they will be able to live there for around 2 years without paying any utility charges (for water and electricity) which the owner is legally obliged to pay up to eviction date.

Note that if squatters establish themselves in your property and you decide to use the court criminal/civil legal routes for eviction , you cannot enter your property until the eviction process has been completed (even if the squatter leaves your property the day after the legal process has been triggered) . This means you are still bereft of your property and belongings for 1-2 years even if your property is empty.

Three measures to protect our house from squatters and thieves. - Pacheco & Asociados | Spanish Architects

DOWNANDOUT

I heard about this last week but thought it was the squatter thrown over a balcony by anti-okupas people.

With regards the assault on my brother , the British Consulate of Alicante have informed me that the court case (if any) will take many months. I've found some websites that provide more detail of what to expect :

1. They might decide its not important enough to proceed.
2. If they do proceed, the assailants will be charged with a 'misdemeanour' offence (ie. superficial injuries).
3. They can be fined maybe a few hundred euros but it all depends on their financial situation. If they are low income earners then I think the fine will be substantially less.