Evicting non paying tenants – help what can I do?

[Anonymous]

My topic may or may not be new, I don’t know but its very frustrating and totally wrong. I have an apartment that I let through an agent in Mojacar, Almeria. It was let to a couple (Spanish) in February 2012. In October 2012 they stopped paying rent and have paid none since. We have taken legal action using the rental company Solicitor, not ours. So far we have made very little progress in getting them to court in Vera. The proper legal processes have been gone through and we did have a court date of 30th September but they then requested a lawyer at the last moment to be appointed by the courts, I guess the equivalent of legal aid( I was told this is a delaying process by the tenant by my lawyer) since then we have made no progress being told that the couple are still waiting to be appointed a lawyer by the courts. Being nearly December and well over a year since they decided not to pay has anyone got any suggestions ideas, explanation of what is going on or what we can do. We had read that the eviction process had been greatly speeded up and should now only take a month but am told the courts can’t cope!
Just in case anyone is feeling sorry for them thinking they have nowhere to go they both have family in Vera the Spanish woman’s father has a house in Vera and she also has many brothers and sisters.John boy

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[logan]

If the utilities are in your name stop funding your bank account that pays them. They will be disconnected when the bills become unpaid. You need to be prepared to prove hardship against allegations that it was a deliberate act of harassment to the Spanish court if they counter sue. In most cases they just leave. However hard cases may sit tight and fight you or trash the apartment. Only you can judge if they are likely to do that.
You will have to pay utility re-connection charges once you gain possession.

[Anonymous]

Logan thanks for your comment, the electric and water was thankfully put in their name I could as you say cut the water and Electric off but have been told this would be harassment and I could end up in court! or as you say they may then trash the place, which they might do anyway when they are finally evicted!!

[Anonymous]

” We had read that the eviction process had been greatly speeded up and should now only take a month but am told the courts can’t cope! “

What they say in Spain. Never happens.

[Anonymous]

Yes shakeel, its very frustrating knowing someone is living in your apartment free, when you have saved hard to buy it but they think you are rich and have a bloody right to live in it, I’m just thankful that we can pay the mortgage otherwise the bank will repossess the property with the tenants still residing. To think these B

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ds could do this to us and the courts are so inefficient and slow.

[logan]

The courts will probably take as long to repossess the property as they will to evict the tenants. I know this is no help to you but depending on the amount of equity you have in the property it is a solution of sorts.

[DrRobert]

You could try having ‘work done’ on the apartment. Remove from the premises all the doors apart from those that lead outside.

[Anonymous]

Yes I have the same problem. My tenant is Russian, went into the apartment without us knowing as we were renting it out to her so called boyfriend who left and gave her the key, no contract signed! She appeared in April, does not pay rent or utility bills which are all in our name. I thought the electric company would have cut off by now but they haven’t. I’m still paying the water as I was under the impression I had to??? I went to see a Laywer 6 weeks ago who has informed me this will cost about 2,500e and will take about 1 year. Nothing has moved on in the last 6 weeks, I’m still waiting for the power of attorney form from the Lawyer, it’s such a slow process. Does anyone have any other suggestions?

[Author]

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