Tenants from Hell!!

Hi Joan

You have been really helpful to us recently and it is good to know that ther are decent people out there who can offer personel advice.

The 'contract' ended on 18th July.  There was no inventory done by the agent who let the house to her,and we are aware that the leather furniture is ruined by the cats as we saw this ourselves when we were over in January.

This tenant has no money, no job and has told us blantently that even if we take her to court, we will get no money as she has no acetts.

We are coming over tomorrow and just totaled up the utility bills which come to 2353 euros, this is not counting the lost rental.

We do not intend breaking the law we have had this problem 11 months now, and would not change the locks while she is in there, but we wondered if we could take our furniture out as this lady said it is being damaged by the damp in the house and is 'at risk because of all the break-ins' which is concerning as this lady has said she has no money for anything other than food.

We are seeing solicitors while we are over and will start the legal route of eviction but would still like to see if there is a faster route without breaking the law.

Hi Kernow24

I have been reading this thread with interest and growing rage. I truly hope there is something you can do to get rid of this parasite.It makes me so angry that people can think they have the right to treat others this way and I just wanted to offer my support to you. I don't know where the apartment is but if you are anywhere near Estepona CDS and would like some help/  coffee/ beer/ whatever please give me a call.

I don't know what we could do but any advice or just someone to moan to is all I can offer I guess since i'm sure you won't let us go and knock on the door!

vicci

Hi Kernow,

Not having an inventory is a real problem.  Does it say in the contract that the apartment was furnished? Do you have invoices for the furniture you bought? If you do not have these you are in a bad situation as you have no way to prove that there was furnitre in the property.

The main thing here is the agent, they can not sign a contract without your authorisation in writing and they have to have an inventory. They are liable for everything.

I have a lawyer who might be able to help but he does not want his details posted on eye on  spain, he will be able to give you some advice.

Joan

I just wanted to let everyone know,who have given us so much help and advice over the last year on this site, about our situation. t When we went over to Spain in July we actually 'caved in' and paid the tenant the money she was asking for to leave our property.

We saw a different lawyer while we were over, more local to the property, and he also said it was the quickest and cheapest way to get her out (as did the previous lawyer who sent the 2 original legal letters, which she did not respond to).  Although the lawyer did not agree with this in practice as it was backmail, going the legal route would have cost us much more in time and money which we could not afford, as well as the stress this caused us over the last year.

The lawyer helped us make sure this tenant left the property when the money was handed over and the locks were changed.

As you can imagen, she has trashed the house and furniture with lots of things missing and it is now going to take months to get it put right.  A letting agent we spoke to (recommended by someone else who has a property rented on the same site) said it looks like we have has squatters in for the last year, but this was an English lady with 2 teenage children and 8 cats!!!

I want to name this lady as I do not wish anyone else to have to expience the stress we have had to endure over the last 12 months as dispite doing nothing wrong ourselves, the 2 agents involved at the start who did absolutely nothing to help, and the legal system made it impossible to get her out.

Her name is ** EDITED - Personal details **

The agents involved were Casa Concierge and Rental de Sol.

I have proof of all the liasion that was passed between myself and the agents regarding how our property was let by Rental de Sol without our permission and not even knowing of there company and therefore feel it is appropriate to name these agents as this is not just a personel view, but fact with evidence to back this up.

Once again thanks to all.

This must of been absolutely awful for you and my heart goes out to you.   But in my humble opinion, even though it must of felt so wrong to pay this blackmail, i think you done the right thing in order to move on and up.

Hopefully things will get back to normal and you can put this horrible episode behind you.  I really do not know how these people can live with themselves.   But fortunately you are no rid. And hopefully by rightfully naming names you can help other honest people avoid these problems caused by scounderels for want of a better discription.

All the best for the future.

Hi Kernow,

Im so upset to hear you had to pay. It really is not fair and again the tenants win and we are left to clean up the mess.  Thanks for the name, i would hate to come accross this woman in my apartment. 

Hopefully now you can get your apartment fixed up and you will never have to go through an experience like this again.

I for one, no matter what the legal fees am still going after my tenants as it is a matter of principal and i do not want them getting away with what they did.  Lawyers fees are not cheap but lucky for me i am paying it off slowly.

I will let you know how my case goes.

Joan

I am really surprised how composed you have been through this whole terrible episode, my reaction to dealing with a pond life like that would be to go round there and throw them and all there belongings through the nearest window. To have to pay them to get out of your place is an absoulute disgrace, and as usual the law protects the wrong people. Would strongly recommend you try and find where they are living now and take suitable revenge, recover your lost money another way.Lets hope this scumbag ends up  in trouble and hopefully on the street.

I'm also holding my breath about my tenants - although my problem isn't in the same league.  I have had tenants from hell in the past, and they certainly give you a lot of sleepless nights.This time I thought that I had found good ones, via an agency.  Their tenancy expires in November, but I rashly said that they could have up until the end of Feb if they required. ( I want to use the property solely for myself and my family now.)  The tenants have been getting a services allowance of €75 each month towards the electric and water charges, and are supposed to pay the rest.  I knew that there was a problem as not enough money was going into my account - and now I find out that they owe the equivalent of half of the breakage deposit.  They now say that they will reluctantly leave in November, so I have my fingers crossed that they don't do any damage.  If they do there will not be any money left over to deal with any serious damage.  I don't think that I cold stand the hassle of having any more tenants.

I think that it's terrible when your gut feeling says that you shouldn't give in to blackmail - but standing by your principles seems to cost dear in Spain.

Hello

Problems in the U.K

Rented out a property and wasnt getting paid so issued the required notice which meant they had to be out on 20 Dec.This took over 6 Months

They had kids and I couldnt bring myself to turn them out over Christmas and gave them a date in January, What I didnt take into account in doing so my original eviction notice had expired.

Took another 12 Months to get them out paying no rent and left me with a rotten hell hole Smashed up every room in the house .Damages of around £30,000 and leave it to you imagine what I was left with when they smashed the toilet 6 Months earlier,didnt bother to get it repaired so used all of the rooms instead.

He was into fishing and left a deep freeze that was turned off 6 Months before hand full of Mackeral

Good nature didnt pay and who can blame someone next time for not showing any.  Trouble is there are so many good tenants and its a shame they to may be painted with the same brush

Have had to rent out in Spain to help get through . I can only hope that I was unlucky only once

Hi Chimps and Abbbb1

I'm so sorry to hear about these awful, tenants from hell.  I've also learned the hard way, though thankfully I didn't suffer as much damage.  What I've learned is that I will never take spanish tenants again.  They caused a fire in the kitchen and could have burned the place down.

The agent that introduced them was not interested - he asked for a whole month's rent as a finder's fee, which meant I was left without a damage deposit,  and then they leave you to deal with whatever the devil may bring!  I do not use agents anymore and only follow up leads from UK enquiries.  I've just had a lady from Finland confirm a booking actually, and I know Scandinavians are far too disciplined to act like Essex chavs!

I follow up leads with a phone call and find out as much as I can about the prospective tenant like budget (always a good indicator), what they do (one was coming to Benalmadena to buy a bar and rent a property at the same time.  During the winter months? He wouldn't make enough to buy a pint of milk!)

I'm afraid the only way to make sure you've done your best, is to do your best!  Do your research yourself and don't rely on agents.  They're only in it for the commission that YOU, the landlord, are going to pay.

www.golfapartment.co.uk

Hi Summer 1010

Essex Chavs

Yep what really hurt is that this was a very nice property in a good area. The tenants were from an real problem area.

Stupid me thought I was giving them a chance in life and for the kids.

Still have the scars on me legs from all of the flee bites to remind me of some real dark days

Dare I ask. I have rented my apartment to a French couple with a very up market cafe in Marbella .Have had them checked out by a very dear solicitor friend in Spain. Not alot more you can do really. Just do your best and hope

Poor old Essex.  It's good that I've got broad shoulders!!!

With all the taxes, repairs and renewalsI think that if you make much money out of letting you are very lucky.  Not to mention getting high blood pressure from the hassle.  I'm sure that there much be good tenants around, but I'm not prepared to risk it again.

Poor old Essex - ; It's good that I've got broad shoulders!!!

With all the taxes, repairs and renewalsI think that if you make much money out of letting you are very lucky; Not to mention getting high blood pressure from the hassle;

I'm sure that there much be good tenants around, but I'm not prepared to risk it again

Hi Joan,

Hi Joan,

It was a real struggle emotionally, to agree to give her the money to go but we could not put up with another year of waiting for her to be evicted.  Not only does it affect your finances as this would mean another year of utility bills as well as legal costs, but also your own relationships because of the stress.

She also told us she had no money or possesions of any worth so even if we could have taken her to court to get some money back, she had no assets to pay.

I notice that her name has now been deleted from my posting, but if anyone who is renting their property in the Manilva area wants this please PM me for details.

I am aware that this sort of thing happens all over the world, but as this is the first time we have entered in to purchasing another property (apart from our home where we have lived for 26 years) as advised by financial advisors 'as an investment for our pension', this is all new to us.

Next round is with the developer to try to get him to repair the major problems with the property (sewage/drains/damp) we may have to get a lawyer to help with this as he is not responding to our calls or emails! 

I wish you luck with your own situation and admire the fact that you are able to pursure throught the courts.  I will keep an eye our for how you get on.  Thanks for your support.

Hi all,

I have been dealing with the rental of properties in Spain for the past 5 years and it really annoys me that the Spanish legal system is so in favour of the tenant. I too have been unfortunate to have come across bad tenants...debts of 4000euros, damaged properties, sitting tenants etc and you are powerless to do anything. Even by getting good references etc you can never know for sure what these people will be like. I have also been threatened on occassions when you try and contact them. I cannot understand how people can be like this and in current times with job losses etc it is becoming more common that they cannot pay the rent. Decent tenants will discuss their situation with you and either move out or try and come to an agreement to pay bit by bit but unfortunately this only seems to apply to a minority of people. Owners are struggling to pay mortgages and bills just like every one else so why do tenants feel that they are "exempt" in these times. And they also seem to have other excuses not to pay ... the washing machine is broken, the communal gardens are not being looked after blah blah blah!!

The law here really needs to change to be fair to both parties, as there are also bad landlords! Other countries have good eviction processes and is standardized.. the tenant is late with the rent, you send a specific notice. If no reply you send another one then you go to a court that deals specially with tenancy and the tenant is then evicted. With more properties to rent now surely it cant be that hard to lay out a set procedure detailing the responsibilities of each party, time periods for repairs, when rent can be withheld and how to evict quickly. Owners should not have to wait, in some cases over a year!, to evict bad tenants. I know someone posted earlier that the law is changing to allow tenants to be evicted within 15 days, does anyone have any further information on this?

I find it so frustrating that these people get away with it. Ok the most important thing is to get them out of the property and back under your control but what about outstanding debts or damage? As 1 months deposit is normal in most cases this goes no where near covering any costs incurred by you. And the bad tenant simply vanishes and moves on to do the same to the next poor person! Some of you may be interested in a website I came across about a year ago called Tenant Check Spain. The tenant signs a document stating that when they move out you may post them on the website. I know it doesn't help the fact that you may be owed lots of money but it does give you a little bit of satisfaction knowing that they are listed as a bad tenant!!

I wish you all the best of luck as I understand what you are going through. Hopefully the law will change in time but in the meantime I would be interested to know how those of you going through the courts get on.

Good luck!