Evicting a tenant

A case study

Spanish Law Tuesday, July 30, 2013
Evicting a tenant in Spain

The vast majority of lettings in Spain work well. The tenant pays on time and the landlord is earning money on his investment. However, on occasions, problems do develop and tenants in Spain can default on their rent or even damage property. Previously, there was limited power to the landlord when these difficulties occurred. Now, the tables are turning and Spanish property owners should feel confident that their interests will be taken care of by the courts.

At Ábaco we are seeing first hand the different approach that the courts are taking to troublesome tenants. Our legal department are increasingly representing landlords in Spain who have had bad experiences and finding that the courts are sympathetic to the issues they face. Here, we provide an example of a recent case study to illustrate current legal practice.     

Mr. A owns a property in Spain which he had been successfully letting out. However, with a new tenant, problems were emerging. Without warning, or any explanation, the tenant stopped paying the rent.  Mr A, who required the money to pay his own rent, came to Ábaco for advice.

We explained that it was possible to challenge his wayward tenant through the courts in Spain. Mr. A decided to go ahead.  It took less than a month for his case to be heard and the decision was made by the judge that the tenant had ten days in which to pay what he owed or leave the property. If neither happened, then eviction would follow.

True to form, the tenant did not show. Attempts were made to inform him of the court’s decision through a registered letter and postings on the court’s bulletin board. However, there was no one in the property to receive the letter and no sight of the tenant during the ten days notification period.

This did not slow down proceedings. Once the ten days had passed, the process of eviction could go forward, even though there had been no contact with the tenant. It was sufficient that attempts had been made to inform the AWOL tenant of the court’s decision. The court proved good to its word and a second court ruling enabled the eviction to go ahead.

When the eviction day arrived, it came as no surprise that the tenant was nowhere to be seen. The door remained closed and as new locks had been fitted by the tenant, there was no option other than to bring in a locksmith to open the door. On Mr A’s behalf, an Ábaco lawyer took possession of the new keys and we were able to return his property to him.

This case was particularly speedy because the tenant did not respond. Had the tenant engaged with the court the process would have taken longer. As it was, Mr. A was relieved to have his property returned to him in a relatively short period of time, just three months in total. His next tenant would be very carefully vetted before taking hold of the keys. 

Do you have any questions?

(+34) 96 670 37 48

Please, call me back Write to us

Comments

Hi there, Consider this for a nightmare scenario. I rented my property in Gran Canaria to a gay couple for 6 months. They then moved into another of my properties in the same complex (because they preferred it) on a 2 month contract. It was supposed to be 3 months but but we all made a genuine mistake (we wrote 11/1/18 - 10/3/18).

I then found out one of them was a pathological liar, and had been lying to me about my fellow owners, and lying to my fellow owners about me, causing no end of problems around the previously peaceful and happy complex.

I confronted them, we argued, and as a result I informed them I would not be renewing their contract. All hell broke loose. They did not pay 1 month's rent, reported a leak but refused me access (damaging my property as a result), then called their own workman out despite being instructed not to (deducting the fee from the next month's rent).

They are now demanding a further 12 months after their 2 month contract expired, as per Spanish law. I have offered them 2 free months rent to vacate sooner, but they have refused.

So, my question is, do I allow this (but not issue them with a new contract), and issue them their notice 60 days in 10 months time, so they have to vacate in 12 months time? Or will that not work? Does the law cover me if I give 60 days notice via burofax to end the renewal against my will after the 1st year, or will this nightmare couple end up staying in my life for the next 3-5 years if they wish to? (it appears they do). I will not be using the property for my own purposes as I need the rental income.

Thanks

Hi Lee

To be able to advise you better we would need to see the two contracts mentioned in your post to see the terms that were signed. In any case, we would not recommend you accept that the rent be extended, and would advise you to send a burofax immediately to them for non-payment of the rent and to inform them of the contract termination. If you would like us to check the contracts you could send these to our legal department at legaldpt@abacoadvisers.com 

Leave your comment

You must have Javascript enabled to use this form.

Subscribe to our newsletter
"The Word on Brexit"

Keep informed about news on Brexit.

The Word on Brexit Edition
 
Spain Explained by Ábaco Advisers

Share in

Request a Call Back

Our specialists are always ready to give you a call.

Call me back
You must have Javascript enabled to use this form.