How do I stand with evicting someone who has no contract and does not pay rent.

Hello Everyone

My problem is that I have a studio which faces my apartment which I use for family coming on holiday or friends in need.

It is not a rental studio and never has been.  The last person living there was a 98 year old women who I moved in there so I could look after her.  A so called friend of my daughter asked if she could help him find a place to stay for a couple of weeks until he moved in with a friend of his.   As he had nowhere to go and no money to go with and a dog as well she asked me if I would help.  I did.   That was two and half months ago.  After the first week he asked if I would put him on the padron at that address but I said no as he was not going to be there that long.  He then told me that he was not leaving and I would have to go to court to evict him.   Since then he has called the police saying that I was continuously knocking on his door and screaming at him.  This is a total lie. He also shouted at me in the street when I did have a word about him keeping his dog quiet telling me that his dog does not bark and the only one that does is myself as I am barking mad.  I have since heard that he is trouble.  To be honest he scares me. I then made a denuncia against him and have to go to the courts next week and get a lawyer for an eviction order.   But people are telling me it will be difficult as he has no contract and does not pay rent.   Does anyone know where I stand with this.  My son is supposed to be coming in August on holiday with my daughter and law and his children.  He was going to take over my apartment and I was going to use the studio to sleep in.  He is now considereing cancelling as there will not be enough space for him to stay.

Any ideas anyone would be greatly appreciated.  

Jacquie

I'm no lawyer... so I don't know the legalities of this.

But if he doesn't have a contract and has never paid rent, he can't prove he lives there....so when he's not in just change the locks and remove all his stuff from the apartment, and when he comes back call the police, say he left voluntarily and you don't want him reentering your property. He has no legal right to be there...

You might want to have some friends with you the day you do it just in case he doesn't react very well....

I'm no lawyer either, but I would do exactly as mac says. I wouldn't put any faith in or spend any money on the Spanish legal system. We had a very different situation, when gypsies squatted in a ruin and on some land we had. We did have to get our lawyer to get the Guardia Civil to pay them a visit (it cost us 500 euros in a fee to the lawyer, who has also done us lots of freebies though), espeically as we weren't living in Spain and we needed someone to sort it out for us - the GC were quite sympathetic on this occasion and got shot of them. I can't see them siding with this man if he comes back, says you've kicked him out etc. and I don't see how he could prove it. It would be good to have one or two burly men on stand-by, in case he comes back when you're in the middle of things. NB. the first thing to do would be change the lock quickly; then deal with his belongings. All the best. And remember: he's a shit and you have right on your side.

I would also look to see if there is anyway of isolating the utility connections to the studio, water and electricity, again on the basis that he is not paying rent or bills and he doesn't have a contract there is no obligatoon on you to provide these services

I also agree with the comments on changing the locks but please have some support available

There's some good advice here.  I would go a couple of steps further and move his personal effects further away, perhaps into storage and see if you can get someone suitable to occupy the flat for a week or so until your son arrives.  Men who work as bouncers or similar are good allies as they are used to this sort of thing and won't get too excited by a physical confrontation.  The last thing you want is any violence.

Thankyou all for your advice.  The problem is he never goes out except to walk the dog for give minutes.  The dog is part of the problem as I have lots of friends willing to dispatch him but what do I do with the dog even if he did go out long enough to change locks etc.  I have thought about the electric but this is an old building and at the moment the water and electric is incorporated in the community fees as it used to be a hotel.  We are getting individual meters but not until September soonest.  What I really want to know is there any difference with eviction because he has no contract or paying rent as I invited him to stay in my tedious albeit only for two weeks.  When we went to the Guardia one of the old guard said to just throw him out and change the locks but when I told him the Guardia who did the original denunciation for eviction had said it was against the law he checked with a younger Guardia who said the same thing and that if he called the police I could in theory be arrested.  Hey agreed it was stupid but advised me to go the legal route which is going to take time and I have to put up with his insults whenever he sees me in the building.  

 I really need to know if a judge will treat it the same as if he did have a contract or will it be more difficult.

sorry for being so pessimistic but I am 70 years old with high blood pressure and am not sleeping because of this.  Also although I have been told I will be appointed a lawyer my Spanish is not fluent enough for a court.    

Thankyou all tho for your helpful imput

Jacquie

Even if the electricoty supply is part of the commuity I am ceryan that a good electrician could isolate the feed and turn it off to that building, the same for the water

If you make it uncomfortable for him with no supplies then he will have to move out, you need to toughen up a little here

Ok take.  Will call the buildings electrician to see if it is viable without causing problems for neighbours.  It is ok for you to say toughen up but he is a nasty piece of work and although the Guardia could not tell me why he was already in their system from his old address and they warned me against antagonizing him.

jacquir

You have already said that you have friends that ca help, I still believe that if you starve hom of basic services there is nothing that he can do, no contract, no obligations, no water, no electricity

You are lucky in your situation because he cannot apply for services in his name as there is no way to obtain these without a meter somewhere

If of course he gets threatening then this is a perfect excuse to call the Police

How old is this individual

He is fortyish.  Cannot turn off water as it is connected to main supply.  Even when I have had to some plumbing have to ask community for turning off water supply to whole building.  Have just spoken to the electrician but he is on holiday but will be back next week.  He says it can be done from outside the studio.  So am going to do that.  Means he will only have cold water and no way of cooking etc.  Keep your fingers crossed for me.  

Jacquie

Thats really good news, do it, and I would suggest that a 40 year old man threateneing a senior citizen wouldnt go down well with the Spanish Police

Not sure that cutting off him services is the best solution - it may also gain him sympathy with the authorities.

I would not even consider the legal route in Spain to get an eviction, just be like hitting your head against a brick wall.  It is good that the GC know the situation, but they tend to back away as this is a civil dispute.

I reckon your first port of call is the "so called friend" and see if she will house him.  From your comments this seems highly unlikely but it's good to at least to go through the motions with her.

All dog owners will have a routine and I would have your team of helpers with you first thing in morning in preparation for his morning jaunt with the dog.  5 minutes is all you need to take back the flat.  You have a couple of professional bouncers preventing his return blocking the doorway, a locksmith to change the locks and a transit van with a couple of blokes to take his gear to the the pavement outside the residence of the "so called friend".  By the sounds of it she caused the problem....

A bit of planning is required and good that everyone knows the outline situation and each other in advance.  It'll probably cost a few hundred euros, but sounds necessary to take firm action now rather than watch the situation get worse.

Jacquie if he as unpleasant as you say, you may finish up with a wrecked / burnt out apartment in an escalating 'tit for tat' situation.

 As the rental was illegal (no contract etc) not sure how much backing you can demand from the police, but I would bite the bullet and as suggested earlier, when he is out, pack his things in a case, put them outside the door and change the locks and wait for him to return and collect the case.  Maybe you could be at a 'safe distance' but close enough to ensure the case is not nicked and, if you can't find a 'heavy' to help you,  as soon as you see him speed dial the police on 112.

It never was a rental I was just helping a so called friend of my daughter for two weeks.  It is not a matter of a suitcase he arrived with about 15 boxes of stuff.  I should have been warned then but he said he had nowhere to store his stuff.  I have been stupid and should have been alerted when he stared to unpack it all.  

Apparently if he had a contract there is now a fast track legal system and it can be as little as a month but that is where I am worried --would that apply to this situation.  I think I am going to have to go to court and get a free lawyer and an interpreter before anything.  But I will cut off his electricity as it is my property and why should he benefit from free electric on top of everything.

thankyou

Just found this  at: belegal.com/articles/showArticle/spain-tenant-not-paying-rent-spanish-property

Can’t I just lock them out or cut-off the utilities and force them out this way ?

The problem in cutting off the utilities, or changing the locks to the property is that the landlord may be subject of having a criminal proceeding being filed against him.

Changing the locks without the tenant’s permission can be considered either coercion (delito de coacciones) or unlawful entry (delito de allanamiento de morada), or both. These acts are punishable under the Spanish Penal Code. There is ample Jurisprudence on the matter, and as an example we can cite the Supreme Court ruling of the 28th February 2000 (rec 4642/1998).

If the landlord decides to cut off the utility supply, either directly or indirectly (not paying the invoices), he may also be prosecuted for this act, as it is equally regarded as coercion

In addition to this, the landlord will be breaching the rental contract and this weakens his legal position before a court on claiming eviction.
In any case, the debtor before the utility companies is the owner of the property, never the tenant. Any unpaid utility invoices will go against the property. The landlord will have to pay for all the expenses associated to reconnecting his property to the utility services as well as paying the invoices and any delay interests. For all the reasons outlined, this is not a recommended option.

But does this apply?  He is not the tenant and has never had a tenancy agreement.  He is an unwanted guest and you are perfectly entitled to go the route I suggested.  If you involve lawyers you'll still be tearing your hair out at Xmas!

This perosn is not ab tennant and they have no agreement so I believe that this law does not apply in these circumstances

If you do involve lawyers you are legalising and recognising the tennancy

I agree with acer,

Wait until he leave the property, change the locks, and put his stuff in the bin outside or take it to a charity shop.

If he complains to the police (which I doubt he will do), just deny all knowledge of ever having met the guy and shrug your shoulders. If he threatens you, put in a complaint (a denuncia), and see how far he gets.

Avoid the Spanish legal system if you can. It's expensive, contradictory and you have no guarentees of what will happen at the end of it all.

just deny all knowledge of ever having met the guy and shrug your shoulders

Yes that sounds like good advice,   I don't suppose the police or the guy or anyone who knows him,  read EOS

Yes that sounds like good advice,   I don't suppose the police or the guy or anyone who knows him,  read EOS

Well, they would have to be very good detectives to work out where Jaquie21 lives in the whole of Spain because unless i missed it she hasn't said.

Go with the advice Jacqui - good luck