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Tenant Eviction Nightmare -Part 2

Tenant Eviction Nightmare -Part 2

Old Sep 29th 2020, 12:51 pm
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Default Re: Tenant Eviction Nightmare -Part 2

Originally Posted by DOWNANDOUT
Update:

The judge has dismissed the tenants appeal against the court ruling (ie. to progress the eviction as per rule of Law). I tried to decipher the judges ruling (we don't speak Spanish) using Google and it seems that this time he isn't allowed to appeal again. So I think we are getting closer to the end of this saga although I imagine the tenant might trash the place before he leaves and leave us with debts for unpaid utility bills like electricity, water, broadband , communidad , etc (they might already be cut off).

He owes us over 11k euros because of unpaid rent /court costs and I suspect we won't get a penny off him if he declares himself bankrupt .
I haven't read the entire thread but .... - were the utilities in his name? or in yours but he was supposed to pay them?

This is why utilities should always be put in the tenants name (IMHO)! Then, if not paid, the debt is there's and not the landlords.

I had always assumed that the debt stayed with the property but I know from personal experience that this isn't true for utilities - the bills were the tenants and not mine.
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Old Sep 29th 2020, 12:52 pm
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Default Re: Tenant Eviction Nightmare -Part 2

Originally Posted by DOWNANDOUT
Update:

The judge has dismissed the tenants appeal against the court ruling (ie. to progress the eviction as per rule of Law). I tried to decipher the judges ruling (we don't speak Spanish) using Google and it seems that this time he isn't allowed to appeal again. So I think we are getting closer to the end of this saga although I imagine the tenant might trash the place before he leaves and leave us with debts for unpaid utility bills like electricity, water, broadband , communidad , etc (they might already be cut off).

He owes us over 11k euros because of unpaid rent /court costs and I suspect we won't get a penny off him if he declares himself bankrupt .
Moving in the right direction at long last. Hope that it does not take too much longer before you can relax and know that the nightmare is at an end.

Rosemary
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Old Sep 29th 2020, 1:14 pm
  #93  
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Default Re: Tenant Eviction Nightmare -Part 2

Many thanks.

Yes , we were lucky this time because this latest appeal was looked at by the same judge who ruled against the tenant 2.5 yrs ago. After our 1st attempt to evict him she gave the order that he would have to pay 5 yrs worth of backlog of rent (18k euros) before allowing him to appeal against the eviction to a higher court. So she must have been surprised to see the same case 2.5 years later and I think she knew the tenants character was questionable.

I wish we could also sue the tenant for slander , because he made an official complaint against my 90 yr old father to the local police accusing him of fraud with regards ownership of the property (even though we proved in court that my father did buy the property in 1980).

PS. We are still waiting this SCNE office to provide a confirmed eviction date - they seem to be dragging their heels for some reason (normally they provide a date within 10 days but its been 9 weeks so far and zilch!)

The tenant has still got away without paying us for :
a. 4 yrs rent from 2009 -2013 = 14k euros
b. 11k backlog rent 2.5 yrs + court costs = 11k euros
c. Will leave us with about another 1k euros debt in unpaid utility bills
d. Costs to repair the place if he trashes it .

So we are at least 26k out of pocket although the flat is worth about 70-80k .

I wonder if there is a 'Landlords' blacklist we can add this tenants name to (don't want another unsuspecting landlord to experience the same)?

Last edited by DOWNANDOUT; Sep 29th 2020 at 1:20 pm.
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Old Sep 29th 2020, 3:54 pm
  #94  
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Default Re: Tenant Eviction Nightmare -Part 2

I know when this is all over you will be very relieved and just want to get on with things ,but promise me you will pursue this guy and make his life a misary,sorry if this offends others but thats how i feel after following this Thread,good luck
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Old Sep 29th 2020, 4:04 pm
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Default Re: Tenant Eviction Nightmare -Part 2

Originally Posted by snikpoh
I haven't read the entire thread but .... - were the utilities in his name? or in yours but he was supposed to pay them?

This is why utilities should always be put in the tenants name (IMHO)! Then, if not paid, the debt is there's and not the landlords.

I had always assumed that the debt stayed with the property but I know from personal experience that this isn't true for utilities - the bills were the tenants and not mine.
The utilities will definitely be in his name because he took over the existing contracts (water , electricity) that were under our original 'deceased' tenant. Unsure what the law is in Spain concerning tenants running up utility bills and then leaving without paying but if your correct , then we might save £1k in debts.

The payment of the Comunidad was always made by our tenants, including this horrible man who did so for the 1st year before he stopped paying his rent. The big problem is the 'President of the Block' is his mother who might 'cook the books' saying we owe the monies and not her son.

After this is over , we really do not want to be involved with payments of the Comunidad to his mother (or some other member of his family who might be 'President' now). As a property owner , can we pay directly to the organisation that collects the Comunidad from the block 'Presidents'? We also do not trust the parents with our monies because we think they could be of dubious nature considering the 'so called' evidence they produced at the trial to try win their sons appeal.
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Old Sep 29th 2020, 4:12 pm
  #96  
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Default Re: Tenant Eviction Nightmare -Part 2

Originally Posted by DOWNANDOUT
The utilities will definitely be in his name because he took over the existing contracts (water , electricity) that were under our original 'deceased' tenant. Unsure what the law is in Spain concerning tenants running up utility bills and then leaving without paying but if your correct , then we might save £1k in debts.

The payment of the Comunidad was always made by our tenants, including this horrible man who did so for the 1st year before he stopped paying his rent. The big problem is the 'President of the Block' is his mother who might 'cook the books' saying we owe the monies and not her son.

After this is over , we really do not want to be involved with payments of the Comunidad to his mother (or some other member of his family who might be 'President' now). As a property owner , can we pay directly to the organisation that collects the Comunidad from the block 'Presidents'? We also do not trust the parents with our monies because we think they could be of dubious nature considering the 'so called' evidence they produced at the trial to try win their sons appeal.
Surely there should be a community administrator who manages the finances for the community and normally arranges collection of any community fees
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Old Sep 29th 2020, 4:21 pm
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Default Re: Tenant Eviction Nightmare -Part 2

Originally Posted by Loafing Along
Surely there should be a community administrator who manages the finances for the community and normally arranges collection of any community fees
Yes , its our horrible tenants 'Mother' .
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Old Sep 29th 2020, 5:50 pm
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Default Re: Tenant Eviction Nightmare -Part 2

Hi,
I've been following you posts for a long time and have to admire your patience as many others would have resorted to "other" means as have already been suggested. I sincerely hope that everything works out well for you. I must admit though that if it was my apartment, when all is settled, I would happily put it up for sale to end it all.

Steve

Last edited by tebo53; Sep 29th 2020 at 5:53 pm.
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Old Sep 29th 2020, 9:32 pm
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Default Re: Tenant Eviction Nightmare -Part 2

Originally Posted by DOWNANDOUT
The utilities will definitely be in his name because he took over the existing contracts (water , electricity) that were under our original 'deceased' tenant. Unsure what the law is in Spain concerning tenants running up utility bills and then leaving without paying but if your correct , then we might save £1k in debts.

The payment of the Comunidad was always made by our tenants, including this horrible man who did so for the 1st year before he stopped paying his rent. The big problem is the 'President of the Block' is his mother who might 'cook the books' saying we owe the monies and not her son.

After this is over , we really do not want to be involved with payments of the Comunidad to his mother (or some other member of his family who might be 'President' now). As a property owner , can we pay directly to the organisation that collects the Comunidad from the block 'Presidents'? We also do not trust the parents with our monies because we think they could be of dubious nature considering the 'so called' evidence they produced at the trial to try win their sons appeal.
I would hope you will be selling as soon as you get vacant possession?
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Old Sep 30th 2020, 5:25 pm
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Default Re: Tenant Eviction Nightmare -Part 2

Yes, we will be selling asap.

In fact we wanted to sell it 4 years ago but that was all scuppered by this tenant. Problem now is property prices might crash because of the economic nightmare that will be effecting everyone worldwide.
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Old Sep 30th 2020, 5:47 pm
  #101  
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Default Re: Tenant Eviction Nightmare -Part 2

I can't blame you for wanting to sell as soon as you can. My hubby was taken for a ride by his tenant in Ontario, Canada after hubby emigrated to the States. The Canadian law doesn't allow evictions during winter months. The tenant was a good friend of hubby's friend who owned the condo two doors down from him. The tenant didn't pay rent for September, October, November due to not working so hubby was kind and generous and allowed him and his family to remain with them making up the rent after he got employment. Then winter came. In total they owed 8 months rent, destroyed one bathroom ceiling by not fixing the vent which hubby gave him the money to fix all for a grand total of $20K.

He sold it asap after repairing and repainting the condo.
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Old Oct 1st 2020, 9:50 am
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Default Re: Tenant Eviction Nightmare -Part 2

Originally Posted by DOWNANDOUT
Yes, we will be selling asap.

In fact we wanted to sell it 4 years ago but that was all scuppered by this tenant. Problem now is property prices might crash because of the economic nightmare that will be effecting everyone worldwide.
I would suggest get a good agent & price it cheap to sell fast.
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Old Oct 3rd 2020, 12:34 am
  #103  
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Default Re: Tenant Eviction Nightmare -Part 2

Update:
SCNE have now finally provided an eviction date yesterday to be processed next Tuesday . This gives the tenant and his lawyer one day to raise another petition against eviction which the court may or may not consider.

Lets hazard a guess that the petition has already been previously drafted many days ago by the free legal aid abogados to be instantly sent Monday morning. I suspect it will be fast-tracked (unlike the 10 week wait we've experienced via their SCNE process) so that the court can suspend the eviction by close of business Monday evening .

Hmmm..... what else can the tenant dream up to stop the eviction? Mental breakdown certificate from a medical doctor friend willing to do him a favour against the horrible British landlord? Maybe another injured hand which means he needs a few more weeks rehabilitation? Maybe a 'genuine' letter stating he has got a positive COV19 infection (I wouldn't put it past him to do that because he knows the Courts don't check the integrity of any documentation).

The more he drags this out , the more likely another future lockdown will help him stay in our flat for another 6 months- 1 year (3+ years to evict a tenant would probably be a Guinness World Record).

We've not had access to our flat since 2007 - beggars belief!!!

Last edited by DOWNANDOUT; Oct 3rd 2020 at 12:38 am.
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Old Oct 5th 2020, 12:47 am
  #104  
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Default Re: Tenant Eviction Nightmare -Part 2

Originally Posted by santaanita
I know when this is all over you will be very relieved and just want to get on with things ,but promise me you will pursue this guy and make his life a misary,sorry if this offends others but thats how i feel after following this Thread,good luck
There are a few things we may decide to do if we ever evict the tenant.
1. Sue him for slander (Calumnia) because he submitted a written complaint to the local police accusing my father and aunt of document forgery regarding ownership of the property (which was already previously ruled in our favour through the Courts). He knew we were the legal owners but still went ahead with the accusation . Seems pointless because all they'll do is warn or fine him and he won't pay a penny (ie. free legal aid again).

2. We are now uncertain where he got that 18k euros to stop the eviction 2.5 years ago . We think there is a possibility that the monies may have come from any 'kitty' belonging to the 'Community Of Owners' . We may have to demand an independent audit of the books and an investigation about his parents possible involvement in personal gain (ie. our apartment) breaking the 'Community Statutes'.

3. Name him on some landlord blacklist.

4. If he can't pay the backlog of rent and court costs then he'll probably claim bankruptcy . He won't be able to get a loan again or be able to rent a flat and his political aspirations may suffer (that would really hurt him more than anything else).
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Old Oct 7th 2020, 6:46 am
  #105  
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Default Re: Tenant Eviction Nightmare -Part 2

Interesting article -
https://www.theolivepress.es/spain-n...ta-blanca/amp/
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