tenants
 

Can anyone tell me how to get bad tenants out of a house owned by friends?

Re: tenants
 

Few ideas for you to consider.

Have a large wallet ready for expensive lawyers and be prepared to wait a long time.

Move next door and make life unpleasant (usually noise) so they want to leave.:p

It's a bad situation to be in, I know what I would do.

Re: tenants
 

The answer depends on the situation - if the friends and tenants have a proper legal contract and tax is being declared on the income then it should be possible to use the proper legal channels - if it is all done outside the law then they have a problem. It is always best to try and negotiate with the tenants and not involve legal processes due to costs and time, make sure any notices are legally served in writing. Good luck.

Re: tenants
 

There was a thread not so long ago but for the life of me I can't remember the title. Maybe a search would yield it?

Re: tenants
 

Yes. To my knowledge there were at least two threads on this topic not long ago.

The bottom line is that the best route, is the legal one. It used to take ages but the government have brought in new laws which could speed things up.

Take a browse ....

Re: tenants
 

As Concierges for the Spanish section of BE we would like to say hello and welcome.

BE is a very large expat website, so if you have problems finding your way around we have concierges who will try to direct you. The moderators for the Spanish forums are Mitzyboy and Fred James, moderators are there to ensure that the site runs smoothly within the rules of BE. Problems and complaints should always be addressed to a moderador who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are friendly and helpful with a wealth of knowledge of the issues of living in Spain. At the top of the page you will find a quirkily named thread called Free Beer which is full of important and useful information. Hope you enjoy your time participating in the forums.

Please let us know if you need any further help.

Rosemary and Graham

Re: tenants
 

Re: tenants
 

If it is a straightforward case of rent arrears or they have broken the terms of the contract then eviction cases are being speeded up and it will only take 10 days. Was in the news a few days ago but I only saw the headline so don't know the finer details.

Re: tenants
 

Yep, but it's 10 days from the date it gets before a judge. And, in my experience, that's where some of the problem lies.

Re: tenants
 

We had people refuse to move out of our holiday let, we went to the police who told us to cut the water and electric. They soon left!!!

Re: tenants
 

That is illegal you could have been fined and ordered to restore services.

Re: tenants
 

Tenants have too many rights in Spain!!! What gives anyone the right to not pay their rent, electric and water and expect to be able to stay. I think it is disgusting that people have no control over their own property. There are too many people with no conscience who happily abuse other peoples good natures!!

As to my above post the police said as there was no contract and it was a holiday and they were not Spanish residents they had no tenants rights.

Re: tenants
 

Nice one Cazzy, spot on.

Re: tenants
 

This is true. I've been trying to evict my tenants for the last 18 months. In fact they don't even live there any more, but left all there furniture in the flat. My neighbours tell me that the tenant will keep her stuff there until she finds a place to store her furniture. My lawyer tells me that I can't move back in unless I want to risk legal proceedings against myself. I've won the case, the tenant has been notified (two months ago) but I have to wait until the prosecutor gives me permission to move back in.

Never, never, never, rent a place to spaniards for more than a summer let, 4 weeks maximum, and then make sure that they have another home to return to. I love my neighbours, and have a lot of spanish friends, but the legal system is so slow, especially these days, that if they don't pay, it takes forever to get your home back. From now on, I'll move back in myself, and then only rent to language school students. I'm lucky in that the city where my home is has a lot of these schools and is a good market for summer lets. Never ever let to Spaniards for more than a summer 2 week let.

Re: tenants
 

That's awful, SteveDW. I hope you get your apartment back soon. Thank you for sharing your horrible experience...sympathy!

Re: tenants
 

If the utility bills are in the owners name they should stop paying them for starters or get a sparky to covertly disconnect power from the outside ,switch off the water as well, If they are English, film them and put them on Youtube , embarrass the t**ts out.

Re: tenants
 

Doh! As soon as you do that, you are in a load more trouble than the tenant!

Do NOT do this under any circumstance!

Re: tenants
 

Agree! This could (will!) make things much worse. Best to do things legally even if it is very slow. The courts don't like you taking things into your own hands.

Re: tenants
 

How about another angle , get your sparky to visit for the annual check :sneaky: then condemn it as unsafe .

Re: tenants
 

I think that's actually a good idea, these tennants need teaching a lesson, fight fire with fire I say

Re: tenants
 

Just a word from someone who's lived in Spain for 12 years and has been going through the legal system to get my place back, don't listen to these guys who are advising you to go ballistic on this. It might make you feel better, but if you mess with the legal system there, it will come back and bite you. Just some friendly advice... do what you want, but if you break the law, be prepared to face the consequences.

Re: tenants
 

Thanks, Steve, guess these people will just have to bite the bullet and wait! Thing is, they did this once before and got burnt. Just goes to show you CAN'T teach an old dog new tricks. Will report back with your comments to them, no point in stretching this out any more, thanks again, Karen

Re: tenants
 

Not sure if anyone can help me with this one.

I finally got my possession of my apartment after the courts got round to making a decision. For information, the flat was totally crammed with their stuff; 10 bottles of butano, new furniture, a room full (and I mean crammed to the ceiling) with new toys in the boxes, maybe a hundred new towels, the same with sheets (all in original packaging), new washing machine, new drier, plasma screen tv, a new kitchen, better than my old one... the list goes on. The court people and procuradora told me that they'd never seen anything like it. All abandoned and mine. Most of it I gave away/sold, but the tenant came round to claim it two weeks later. Sorry mate. She then had the cheek to make a denuncia. Police bemused, but not heard any more yet. We'll see.

Well, back to my problem. I'm on my way to Australia, but visa not received yet, so I'm caring for my ma here (in UK) while I can. My niece and boyfriend, both working here (Cadiz) love my place and moved in. Cheap rent, nice place....

You could see this coming.... Trusting her to look after the place, no contract in place, now they've stopped paying rent and won't return calls. I'm going back next sunday. Can I just walk in and ask them to leave? I was living there for a while after I got possession and before they (niece/boyfriend) moved it, and our verbal agreement was that I would be living there with them, but going back and forth to the UK to care for my mother. Haven't been there for about 6 weeks now.

Any suggestions very much welcomed. Thanks.

Re: tenants
 

Total Rubbish and above all demonstrates utter ignorance.

If no contract, a standard contract under L.A.U. is assumed.

The police were incorrect, but what do you expect.

Also, tenancy law in Spain is balanced fairly evenly between Tenant and Landlord. Unfortunately, the vast majority of landlords are operating ILLEGALLY, without the proper licences, not paying taxes, no regard for health and safety, etc.

Cutting elec and water is illegal and amounts to coercion, which is a crime.

So the tenant should have denounced the landlord and you should have denounced the police for given out incorrect and potentially damaging information.

Luckily for the landlord, that the tenants didn't know their rights!!!

Re: tenants
 

It's my understanding that if there's no contract in place, and you have keys for your place (and they haven't changed the locks), then YES you can just walk in and take it back.

I would be careful though, take some large, men with you as well in case anything 'kicks off'. Also, be prepared to change the locks straight away.

Unfortunately, you will probably get stung for all the outstanding bills.

Best of luck!

Re: tenants
 

Thanks for that. They've only been there for a couple of months, and alone for 6 weeks; I said that I'd pay the electric until I left, so no major damage done. Talk about cutting your nose off to spite your face. The previous poster said 'without a contract, an assumed LAU contract will be in place'. Could be a tricky one. Who said, you can choose your friends, but not your family!

Re: tenants
 

responses above in line