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We have a long term tenant [11 month contract] in our apartment in Duquesa, 3 months no problem with rent and paying bills, however last 3 months not paid anything and ignoring our polite eviction notice letters and emails and our property manager requests to leave.
What can I do to get them out legally [ the contract is sound and allows eviction if not upto date with rent and utility bills]
Am I a loud to arrange termination of the utilities and change the locks? I heard that this a crimminal offence against me the landlord.
If I have to employ a solictior what would the costs be and how long does it take to get a court order?
Any advice is welcome as I understand this is becoming an increasing problem
regards
Derek
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Turn the water off -they will be gone in 2 days
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Make sure you take legal advise.
Do it by the book -- the tenant has a lot of rights, despite not paying rent -- recent experience shows it takes close on 6-months to evict tenants.
Turning off utilities would not be a smart move.
By all means take information from the informed community EoS but from my experience consult your lawyer.
David
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I have a Spanish friend who lets several apartments.
The first time he had a problem with tenants he did it the right way. Months of problems, during which time he lost the rent and the property was damaged and items stolen.
Now, he goes around when the tenants are out. Packs their things in their cases, changes the locks and sits outside with the cases until the tenants return.
Of course they threaten to call the police but his view is that he is happy to be prosecuted and pay a fine as he has got them out and not lost the rents for more months.
I am not recommending this but depending on your circumstances ..........
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I should have made it a bit clearer. You dont actually youirself turn the water off. But somehow it gets turned off. What are they going to do, ring the water company and say youve turned me off because the bill hasnt been paid. Or will they phone you and say can you chase the water company as theyve disconnected you. This is spain. The legal system is manana , manana manana. But hey its your choice. Im just saying what works from experience as my friend is an estate agent and these problems are getting more and more regular. Letting long term in spain these days is a very very bad idea unless you are incredibily lucky!
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This is a very hard issue, in Spain tenants are very protected by law, and the owner of the property has to go to the court and to spend a lot of time to get them out, if there are children in the flat is even worse, because children can´t be removed if they don´t have a place to go.
If you can´t talk to them and they ignore you search for a lawyer.
If you pay the bills of the electricity and water go to the company and finish the contract.
If they are not residents in Spain you can get into the house when they are out and get the things out, but if their offical address its your property you will have to go to the court.
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I am Spanish, sorry for my english, i try to do my best.
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Derek:
If you have not submitted the contract to arbitration rather than Courts I am afraid that you will ahve to face a judicial procedure, with a lawyer.
This is why we always recommend owners to submitt their contracts to arbitration and not to Courts.
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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I have had similar, I have told endessa that the tenant had used all the funds up in my account. Endessa wrote to the tenant and exPlained this. The tenant ignored this and promptly left 3 months later when power went off. She was told and so knew what to expect. If she didn't pay. Also a summons to court helped.
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I found that getting the electricity and water turned off worked well. Tenant was gone in days. The onus on them is then to take you to court, which will cost them.
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