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View Full Version : Property Has anyone had luck recuperating rent owed on a property in Tenerife?



bobbyrandall
31-01-2013, 14:12
....has anyone ever had success getting back monies owed from an ex-renter, and if so which lawyer did they use and how much did it cost.....I am talking about the south of the island........thanks.....

bonitatime
31-01-2013, 17:33
In 28 years here I have never heard of this. Most are just glad the said tenants have gone and hope the damage is not too bad.

chifleta
31-01-2013, 23:30
In 28 years here I have never heard of this. Most are just glad the said tenants have gone and hope the damage is not too bad.

totally agree :)

bobbyrandall
13-02-2013, 20:31
.....I have several thousand euros tied up there, and know where the offender is and where he works......and know he has a nomina........so...

sundownersvince
14-02-2013, 01:33
How long you got?

timmylish
14-02-2013, 02:09
How long you got?

And how much money do you have to lose?

Cruise
14-02-2013, 20:06
.....I have several thousand euros tied up there, and know where the offender is and where he works......and know he has a nomina........so...

Best speak to a lawyer, you can try lawbrokers, Jose Escobedo, Price varies per lawyer but with taxes and procurador , it will cost apprx 700E, which you would get back , if the lawyer asks for offender to pay also legal costs

bobbyrandall
14-02-2013, 20:11
...in the desahucio sentence, the judge already awards costs against the renter, and includes damages for rent, and the eviction is coming up in two weeks..As for Escobedo, I contacted his office, explained everything, and sent a follow-up email, still waiting for a reply after months, so not impressed with Escobedo, thanks.

tfs_longlets
14-02-2013, 20:49
Well done bobbyrandall. It seems that you have managed where other people were either unsuccessful or sceptical.

Your original post was a question about whether anybody had had luck recuperating etc.

It would seem from the responses that the answer from forum members is NO.

Maybe you could reveal how you will have achieved this, and so that, should we need it, we have the information.

Cruise
14-02-2013, 21:22
...in the desahucio sentence, the judge already awards costs against the renter, and includes damages for rent, and the eviction is coming up in two weeks..As for Escobedo, I contacted his office, explained everything, and sent a follow-up email, still waiting for a reply after months, so not impressed with Escobedo, thanks.

Have send you a private message bobbyrandall.

- - - - - - - - - - merged double post - - - - - - - - - -


Well done bobbyrandall. It seems that you have managed where other people were either unsuccessful or sceptical.

Your original post was a question about whether anybody had had luck recuperating etc.

It would seem from the responses that the answer from forum members is NO.

Maybe you could reveal how you will have achieved this, and so that, should we need it, we have the information.

Google Express Eviction. New laws have come out.

tfs_longlets
14-02-2013, 22:19
'Google Express Eviction. New laws have come out.'

Thanks. I did and all it came up with was info about CA USA or how to get someone out in Spain. Not how to recuperate rent owed on a property in Tenerife.

Maybe bobbyrandall can inform us.

bobbyrandall
14-02-2013, 23:03
.........I have not had any money back yet, so no success, but started the ball rolling, it is complicated and there are many factors. Although I know where the renter works, a friend is the owner of the business, so I can't mention that as it would handicap him, (he cannot sack the scumbag, as it will not help me), coming to the island in 2 weeks to sort all of this and do not want to mention some things that would help potential rent-dodgers, but a tea with others in the same boat or an interest as owners would be fine..............

Cruise
15-02-2013, 14:40
'Google Express Eviction. New laws have come out.'

Thanks. I did and all it came up with was info about CA USA or how to get someone out in Spain. Not how to recuperate rent owed on a property in Tenerife.

Maybe bobbyrandall can inform us.


Google Express Eviction in Spain . You will get informacion on eviction and reclaiming the debt. The lawyers do both in the same case or check out lawbrokers in Spain and read all about the eviction and reclaiming the debt.



What is Eviction?

Eviction is the judicial process by which a landlord may evict a tenant for failure to pay the rent. The landlord may then use the property either personally or rent it to another.

All that is required is to show proof of a contract for lease of the property and to show that the rent is not being paid as agreed. If the debt is under €900 neither a lawyer nor a procurador is required.

In addition to obtaining the return of the property free of occupation, the landlord is entitled to receive any outstanding monies owed under the rental agreement.










Eviction Process

Once the rent has fallen due and is unpaid, the landlord should present a demand to the tenant that the outstanding rent be paid (usually by burofax available in the post office which is proof that it was sent on a particular date).

Once two months (now one month – see below: Express Eviction) have gone by and the rent remains unpaid, the landlord may apply to court for an eviction order.

Before the court case begins, the eviction proceedings can be stayed by payment of the outstanding rent, assuming that it is the first time that eviction proceedings have been brought against the tenant by the landlord.

This ‘right’ disappears once two months (now one month) have passed since the date when the proceedings were initiated.

Upon obtaining a court order for eviction of a non-paying tenant and payment of the outstanding sums, the landlord may also seek the costs of the proceedings and any sums owed under contractual terms that provide for extra payments if the rent is delayed.






Express Evictions

In 2009 the Spanish parliament approved a new law – Ley de Fomento del Alquiler 19/2009 (Law to Support the Rental Market) also known as Express Eviction.

The purpose of the law was to encourage a healthy rental market by reducing certain impediments that deterred potential landlords from making properties available to the rental market.

One of the major impediments has been the length of time it has taken to remove tenants who have failed to pay the rent agreed under the lease. In particular four measures are adopted under the new law:



Shortening of Waiting Period for Eviction Proceedings

The two month period between the presentation of the demand for payment to the tenant and the initiation of court proceedings which the landlord previously had to wait has been shortened to one month. Should the tenant pay the outstanding amounts in this period then the proceedings can be avoided.



Effective Delivery of the Demand for Payment

Where the landlord notifies the tenant of the demand for payment but the latter does not receive the notification, the landlord may have the demand added to the Official Court Notice such that the tenant is deemed to have received notice without any further action by the landlord.



Juicio Verbal

All eviction procedures can be processed via ‘juicio verbal’ which is a faster process and is akin to a small claims court in the UK. The fact that the proceedings take place in this way permits a sentence to be delivered within five days.



Faster Execution of the Eviction Order

An affirmative sentence of the court shall be sufficient without more to carry out the order in the date and time decided by the court.

The new measures permit the landlord and tenant to agree to cancel some or all of the debt in exchange for the tenant leaving the property in a timeframe set by the landlord (though it may not be less than 15 days).



Extension of Rules Avoiding Automatic Extension of the Lease for Five Years


The reasons for which a landlord may terminate the lease for reasons of requiring the property for personal use are extended by the new law to include a need by the landlord’s parents, children or spouse in cases of divorce. A clause to this effect must appear in the contract.

If, after three months, the occupation has not transpired, the landlord must return the use of the property to the tenant and pay indemnification for the costs of moving to another property.

tfs_longlets
15-02-2013, 15:23
bobbyrandall's tenant has already left, so that isn't needed?

Debt collection information here:

http://www.spanishsolicitors.com/services/debtcredit-recovery/

bobbyrandall
15-02-2013, 17:14
......mine have already left, but as no keys were handed in, you CANNOT go back into the property, until a court order. Now, none of my legal friends have ever heard of an ex renter going to court to claim when an owner has gone back into his own house, BUT a lawyer will tell you that is the law, and who as a an owner is going to risk a claim against them after all the nonsense they have just been through? .....There is a difference between now and before with claims because of the new Desahucio laws, my case went through on the old terms, and it depends WHICH court you go through, which HAS to be the one located where the property with the probs is....(ie Arona for Los Cris properties, Granadilla for a San Miguel house, etc.) You have to send a Burofax first, which will be ignored, then the denuncia..Mine went in in July 2012, and the case came up for feb this year 2013! , the renter ran off a few weeks after the denuncia arrived, taking some of my furnishings, but until the desahucio, I cannot get back in. He has not appeared at the court case last week, and the door-kicking in is at the end of this month.....the last post is good, as the first point is tops, it depends on HOW MUCH your renter earns or goods registered to him if it is worth legally chasing him, as the salario minimo interprofesional cannot be touched, I think this is about 700 or 800 hundred euros, so if your renter earns 1000 euros, you can only claim those 200 or 300, this is further compilcated if they have a mrs. or kids, as a % is reduced there too....however if they are married, etc. in some cases you can legally move against the wife too.....as you can see, it is not impossible but complicated.....it is geared up in favour of the thief-cheeky bas***d, etc., but hey, no surprise....my renter has gone a few miles down the road, I will be advising his new landlord when I come over...

cainaries
15-02-2013, 22:38
It seems a pity that the honest landlords on this thread never seem to find the honest tenants on another active thread who are complaining about never being able to recover their deposits when they move out even if the property is immaculate. I'm not trying to be clever, it just seems there should be an opportunity here for some kind of match-making service.

slodgedad
15-02-2013, 22:42
It seems a pity that the honest landlords on this thread never seem to find the honest tenants on another active thread who are complaining about never being able to recover their deposits when they move out even if the property is immaculate. I'm not trying to be clever, it just seems there should be an opportunity here for some kind of match-making service.

Which, in effect, gives credence to the one thing most people are averse to.....Agents..

cainaries
15-02-2013, 23:13
Which, in effect, gives credence to the one thing most people are averse to.....Agents..

Aren't these people using agents then, slodgedad?! I got the impression that, in some cases at least, it was the agents who were hanging on to the deposits. And would an agent be able to recover rent if people do a runner? I do know I'm sounding extremely naïve but the Forum seems to have honest landlords and honest tenants but the twain never meet.

bobbyrandall
16-02-2013, 02:45
......in my case it was an agent that put these people in, the agent started messing about, an incredible saga, so the tenant offered to deal direct, then he started messing......my problem is that I am away from the island......