Tenants just walked out..

Hi all

I received a mail from my tenants late last night saying,

Hi

We have moved out, please keep depsoit for inconcienence and outstanding bills.. we cant get a tenant for own own smaller apt and cant afford to pay u and mortgage, blah blah blah

No warning, nothing...still owe Feb bills and now

They only moved in, in Feb 09...  

They signed an 11 month lease...

Do i as an owner have any rights to take them to court ??

Cheers in advance

Rob

You must have rights if they left with no notice, left unpaid bills and signed a contract for 11 months. That´s shocking. I would try to take them to court

Good luck

Ana

Hi Ana

Thanks for the support... 

This is his reply this morning...

Dear Rob

I think you will find we have done the decent thing by moving out and not bothering you on a monthly basis with our financial difficulties (as in being unable to pay the full rent).

There are a lot of things happening in the world at the moment and peoples’ circumstances change. 

We just closed the door behind us last night. 

Kind regards

I cant beleive these people can be so flipant and think its ok...

I also hear Tenants get all the rights in Spain, aghhhhhhhhhhhhhhhhhhh

Rob

Rob,

there must be something you can do to get some compensation. Look for legal advice?

Hope it goes well

Ana

There will be some sort of law that will allow you to take them to court but what is the point? They have no money, you'll end up footing more money than what is probably owed in getting it to court.  Not to mention the timescale and stress of doing this.

If I were you I would put it down to experience and use that effort into finding a new tenant, this is of course is just my opinion.

They could have been a lot more nasty about it and stay in the place for months not paying the bills while you set the ball rolling with court evictions as we all know that in Spain the tenant has many more rights than the landlord.  At least this way it's resolved itself without all that nightmare.

Thanks Delza

On one hand i agree but if every tenant thinks they can just walk out where would us owners be..

I work away and rent a lot and i know i would be taken to court everytime if i did it.

I would have been ok if they had just given me a months notice,  they are a grown couple not in there 20's..

Cheers

Rob

Hi

I'm sorry that this has happened to you.  I am a landlord in the UK and unfortunately these things do happen.  I know that this isn't want you want to hear, but at least they didn't stay for six months without paying you rent and running up the bills.  If you have their bond, as they said you do, that should cover Febuary's bills.  They may well be embarrassed by the whole situation, and that's why their note seems curt.  I don't know the law in Spain, but if you tried to sue in the UK for this, you would be spending good money after bad.  You could try approaching their guarantor, but they may only cause bad feeling.  Somethings are best put down to experience, and teaches us that not everyone behaves they way that you do.

Alyson

Hi

Im also a landlord in the UK and i also rent as i work away,  i wouldn't dream of walking out and just closing the door, as for UK, if tenants dont pay they get taken to court.

As there also trying to rent out there apt i just hope it happens to them..

hiya

maybe the law is different in Scotland to in England, but I had a tenant that didn't pay for nine months, and it took me four months to get him out.  The law is very much on the side of the tenant.  We sued his guarnator for the rent, who happened to be his parents and we got £1000, the arrears were over £10,000, didn't even cover the legal expenses of getting him out.

Alyson

Hi Rob, that's unacceptable. Take them to court. They DO have money, they have PROPERTY !

However, with the stress it's likely to cause you, I'd be tempted to put it down to experience & just be grateful they didn't stay & leave you with more unpaid bills as many would've done. Some things just aren't worth the aggro.

I still say it is totally unacceptable.

Rob,

where are you renting in Spain or in the UK? I thought you were renting in Spain

Ana

Hi Ana

No, im the owner, it was my tenants who walked out..

Rob :-)

Yeah I know. But where are you renting your flat in Spain or in the UK? I am sure you will be able to take legal action in both countries. It is outrageous that there are people like your tenants or ex tenants.

Ana

Hi

Apt tenants walked out on is in Spain...( hence why im on this web site )  :-)  

Cheers

Rob

I have houses in England that I rent out to tenants.  One of the tenants told me that they were getting into money problems, and wouldn't be able to pay their rent, so I came to an agreement that I would cancel their lease if I found another tenant - and immediately I took steps to find another tenant.  However, in reality, there was nothing to stop the tenant from walking out - and as she was going back home to live I knew that if that happened it would have been a waste of money pursuing her.  Luckily I found another tenant quickly and the changeover was seamless- without loss of dosh!  However, you're not in that position - but judging from things that I've read about the legal system it can be very long winded and frustrating - and probably not worth the high blood pressure!!  I've had tenants in my house in Spain who have caused thousands of euros worth of damage - and of course the deposit doesn't cover that either.

Is it reasonably easy to re-let in that area?  Did you let via an agent?  I'm afraid that it may be case of gritting teeth and going to the nearest letting agent.

Sorry Rob. People are talking about both countries and I got a bit confused, uppps

Cheers

Ana

Hi abbii

I let it through an agent who lives on complex,  i was reluctant to rent it out after horror stories on here but as im away working and mortgage went up double i decided too...

I would have been happy for them to give me a months notice but just to walk is discraceful..

Yes i did same in UK, let tenant leave and get anew one asap... Spain doesn't work like that, be lucky to find someone now..

Im just glad my mortgage will drop back to 2004 price in may, then will just do summer rents...

Cheers

Rob

This happened to me in Spain and although I had a deposit which I didn´t return that also left some damage so I was out of pocket

This was very similar circumstances, they owned a property in Spain and ovend over and could not make a go of it

I had a contract and probably could have enfoced it but got mixed views form the Spanish lawyers as it was not Notarised and in the end decided that it was too much grief  and focused my efforts on re renting

Knowing the Spanish legal system it could cost you money to pursue and take a long time

I am really sorry but these things happen in any country

Are you under Court or under arbitration? If you signed the regular contract which bis submitted to Courts I would not advise you byany mean to take them to Courts bnecause expenses and time won't ake it worth it at all.

A different situation would be if youhad submitted the contract to arbitration.

Best regards,

Maria L. de Castro

Hi Rob,

sorry to hear that. You have right to get the rent and the first step should be a request in writing. It is also advisable to check wether the tenants have got assets in Spain which you can seize. How much was the agreed montly rent?

Yours sincerely,