Evicting tenants for non-payment

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EvictionHome owners wishing to rent out their Spanish properties are sometimes put off by the fear that if one of their tenants doesn’t pay they will be unable to evict them.

It is certainly true that in the past Spanish law has supported the tenant rather than the owner, but we’re delighted to see  that things are changing to make it easier for you to evict a tenant and also products are coming on the market to protect landlords.

Perez Legal Group have told us the good news that new courts are being open by the justice department which will only deal with evictions. Their aim is that evictions should be able to take place within 3 months, which is great news for owners looking to rent their properties on a long-term basis.

Raquel Perez from Perez Legal Group offers the following advice for any owner having problems with their tenant:

  • Act quickly!
  • Send the tenant a certified demand for payment immediately. This can be a notarised letter or a burofax. Request in the letter that the non-paid rent has to be made effective within a period of 7 days. You should state in the letter that if the payment is not made within this time, you will be forced to commence legal proceedings against them.
  • Try to reach a friendly agreement until the contract expires however, in the meantime, still proceed with the eviction proccess.
  • If you were entitled in the contract for payment of the electricity and the water, you could consider cutting the supplies off so that the tenant will have no other choice than to leave the property. Get advice from your lawyer beforehand.
  • You may want to claim back your lost income from the tenant. This is a completely separate case from the eviction proceedings that you could consider taking.
  • Get your case in the hands of a good lawyer. This may cost you between 1.000 euros and 2.000 euros depending on the lawyer.

If you want to seek legal advice on this or any other matter Perez Legal Group offer a free legal clinic every week on Fridays between 10:00 and 13:00.

There are also certain products available which can offer you peace of mind and protection against non-paying tenants. We recommend our home owners take on Legal Fees Protection Insurance as part of the Landlord Legal Package we offer for homeowners who rent their property long-term through HomeCareontheWeb.  This has offered a straight-forward way to recoup rental income and cover legal costs whilst the Spanish system was strongly in favour of the tenant and we believe it’s well worth the investment.

To find out more about renting Spanish property long-term visit our website.

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