Bad tenants

My tenants have not paid the rent this month and there is also a Water bill that has come out of my account for

130 euros. I live in England and I have emailed them several times but they are ignoring me. Should I take the remaining funds from my bank so that the TV does not get paid? I wanted to do it before the water bill got paid but Aguagest requested it early. Also, does anyone know when the Spanish lawyer comes online on the site

Tonico

Oooo, it makes me so mad when I hear of people that don't pay their rent to their landlord! If there's anyone out there that's looking for a husband and wife (us!) that will pay the rent every month and look after their property beautifully (including fixing anything that requires attention), we are looking for a place to rent for at least 3 months over the UK winter period.  But it must be somewhere where the winters are WARM (south, I guess, if we're talking mainland but we're thinking it may have to be the Canaries), somewhere within walkiing distance of shops and bars, with some Spanish neighbours, somewhere well-built and reasonably priced. Perhaps we can't find what we're looking for because our criteria are too difficult to meet?  IF we can find a place we really love, we are willing to take it on for an even longer period (6 months). 

Is there anyone you can ask that lives near your Spanish property and can turn the water off for you?  I have heard that this is a sure fire way of getting bad tenants out....or have we been ill-advised?

 We had trouble with our holiday let, someone payed for a week and then refused to leave. Not knowing what to do we spoke to the guardia who returned to the property with us and told us to turn the water and electric off!! We did and they were gone in 6 hours!!! I guess not totally legal, but with the policeman stood there I think it worried them a bit, as every one knows the Guardia are a law unto themselves. He told them he would be back in the morning to check they had gone.

 i cannot belive the last reply, we had similar problems in our last development and we turned off the water and guess what the police made us turn it back on and told us if we did it again we would be arrested .....

What a great idea cazzy. I might try that

I think the police are a law unto themselves, depends if they are in a good mood!!!

I'm pretty sure the law changed recently and if tenants stopped paying I think you can get them out after a month.

But I'm sure how that would be done.

Try sending a private message to Maria (the lawyer) and ask her to come and look at this thread.

Justin

Tonica, I thought you were going to give them a months notice, when you wrote previously at the beginning of the March when they hadn't paid the rent. You stated then that the contract allowed you to do this.

 You again ask about drawing funds from the bank but I had already advise you against this.

With regards to turning the water etc off, he doesn't sound the sort of person to be messing with, as from what he told you previously about using the address to get his NIE, he may wreck your property or furnishings and cost you even more money.

Give him the months notice before he runs up any more arrears.  Karen

 As a suggestion for the future, it's always a good idea to put an electricity contract into the tenants name if you can.  That way they're responsible for it and if they stop paying it's simply cut off.  Now before I get bombarded with replies saying that this can cost you more in the end, I should mention that it really depends on how up to date your electric installation is, but it is definitely a way to ensure that you won't be left with a debt.

Putting a water contract into a tenants name is more tricky but it IS possible to change the bank account to the tenants (again, this makes them more responsible to ensuring that they have enough funds)   As far as not paying the TV payment, most banks will accept an instruction to reject a DD.  There are various options that you could try before having to go down the legal route.  The comment below about the Guardia Civil helping out was encouraging, but in my experience, very very unusual as usually, they won't touch stuff like this until an official denuncia is presented.

Either way, as mentioned before, it's very important to send him written notice to vacate the property on the grounds that he has not paid his rent and has therefore not kept to his side of the contract.  Presumably, you have taken a deposit?

Good luck.

 Yes I took a deposit but therein lies the problem. He is saying that as his elecctricity bill was so high I must take March's rent out of his deposit. He does not read and write English as well as he speaks it so his emails don't make much sense

 The contract should clearly state that it is not permitted to offset the deposit against rent or utilities...........  in the industry, he's what we call a 'tryer'.  You're best well rid as he will undoubtedly 'reoffend'.  

You can be denounced if you cut electricity or water or other supplies necessary for daily basic life if you are a tenant, so the only advisable and legal way is to start a claim against them. With the new Law, intialy in two-three months he will be evicted.

Try to get an out of Court settlement first through a certified request sent to him ( better by a Lawyer).

I always advise to submitt rentals to arbitration (instead of Courts) and hire an Insurance for non paid rents.

Maria

I am with you "OJOSAZUL89 "  on your posting.

The only "cost effective " way is to employ Mr Tyson.

Offer him a big bonus for the return of the empty property.

My Mr Tyson usually is able to complete within 24 hours 

with hospital visiting information.  

Any decent lawyer (and I'm sure Maria would do this for you) would be willing to telephone/email/write to the offending tenant and this is often sufficient to send them running..............

I have paid 80 euros to have a letter sent to him because my daughter went round to see him and he was really nasty to her. She tried to show him the relevant parts of the Contract but he just waved it away. He still maintains that he has the right to make me use his deposit for this month's rent and told her to take him to Court for it. He is so arrogant. He wont pay the water rates because I have not yet received the bill although aguagest took the money from my account 10 days ago. I emailed him the relevant section of my Bank Statement but he says he won't pay until he gets my Factura. I just can't win

 Well it shouldn't be a problem to get a copy bill from Aquagest - in fact if it eventually gets to court, you would have to provide copy bills for all the utilities that he owes for anyway.  Sounds like you're having a nightmare and presumably he hasn't reacted to the legal letter.  The best that you can hope for is that he leaves the property pronto!......... worst is that you'll have to take him to court.  Good luck!