Spain Explained

Stay legal when letting Spanish property

In the majority of cases, landlords and tenants in Spain get on well. They make mutually agreeable arrangements and both benefit from the business relationship. Unfortunately, it doesn’t always work this way. Not all tenants in Spain are prompt with their rent and some landlords of Spanish property do not fulfill their obligations.

When it comes to a breakdown in relationships between tenant and landlord, landlords of Spanish property have tended to feel that they have been at the sharp end of the law. Powers of eviction have appeared to be limited and this feeling of powerlessness has led some landlords to take the law into their own hands, attempting to address their grievances through other means.

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Driven to despair or sometimes just because of inconvenience, they have tried to force tenants out of a property through cutting off the water or electricity supply. Some landlords in Spain have even resorted to entering the house whilst the tenant is still in occupation, removing their property and changing the locks.

There are several problems in acting this way. First of all, it is illegal and instead of the tenant finding himself in trouble it is the landlord who could be accused of wrong doing. A landlord in Spain taking this approach will be, at the least, in breach of contract and if he has entered and removed property without the tenant’s permission they could be charged with misappropriation.

If your tenant makes a profession out of renting Spanish property and then defaulting on the rent, he can benefit from a landlord’s illegal activities. The tenant can lodge a complaint with the Guardia Civil which then means that any eviction process that’s underway is hindered whilst this further complaint is investigated. Exemplary behaviour on the landlord’s part will be much more effective in getting a result.

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It is unnecessary to take the law into your own hands. It might have been more difficult before to evict a tenant in Spain but matters have improved from the landlord’s point of view and it is possible through legal means to have an obstructive tenant removed. Don’t spoil your chances, take the correct legal steps and make sure that the law is on your side.

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