Can you tell me what the consequences would be if someone who will not pay rent/utilites is taken to court

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01 Jun 2009 00:00 by kernow24 Star rating. 106 posts Send private message

Our situation is ongoing and I have asked quite a few questions trying to find out which is the best, and fasted route to take to get our problems resolved.

We have 2 problems

1) The off plan property we bought has major structual problems, of which I have posted to ask the specific questions regarding this.

2)The tenant we have living in the house with her 2 teenage children and many cats, since August 2008, who has paid neither any rent or utility bills since September 2008.

The contract has never been signed by us been signed by us and is not legal, but she will not move out.

The house has many major problems, which could be a health hazzard, and we have asked her ot move because of these, but she still will not move.

She has been sent 2 'legal' letters to ask her to pay her bills that are outstanding, which she has reponded by saying she has no money.  She is now also asking us to pay her 2000 euros for her to move out ( she has said  this would  be cheaper than taking her to court) so that we can get the house repaired as the developer will not work in the house while she is living there as he believes she is contributing towards some of the problems and has written this in an e-mail to us.

How long would it take to evict her from the property

Would we be able to claim the outstanding money that she owes us

If she says she has no money as she does not work, what would be the consequesnces ( if any) for her if we were to proceed with eviction.  How would any money be retrieved and if this is not possible are there any other concequences the court would make, or would she just be able to get away without any?

Many thanks for any answers to the above.

 





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01 Jun 2009 12:45 by tonypullicino Star rating. 73 posts Send private message

Hi Kernow

I am so sorry to hear of your situation, it is just typical of some of the scum out there.

When we changed banks and forgot to inform the utilities company of change of details for D/debit  they cut us off  for non-payment.........what a shame it would be if yours bank did the same........see how long she would last then.

Do not be blackmailed by these people.

What part of Spain are you?

You can do this with a private message if you wish.

 





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01 Jun 2009 13:15 by kernow24 Star rating. 106 posts Send private message

Already have 4 outstanding electric bills and 1 water bill she is still connected to both!!!!

This is a very crafty English lady who could well have done this previously.

Im hoping that Maria will be able to tell us where we stand legally as the solicitors we have been using have told us that it might be better to pay her off which we find dfficult to do as she has already cost us so much money in lost rental/utilities and damage to furniture from her cats.





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02 Jun 2009 08:51 by mariadecastro Star rating in Algeciras (Cadiz). 8577 posts Send private message

mariadecastro´s avatar

 Dear Kernow24:

I am giving some answers to you below in bold green ( same text of your message):

Our situation is ongoing and I have asked quite a few questions trying to find out which is the best, and fasted route to take to get our problems resolved.

We have 2 problems

1) The off plan property we bought has major structual problems, of which I have posted to ask the specific questions regarding this. Where is the post? I am sorry but I have missed it.

2)The tenant we have living in the house with her 2 teenage children and many cats, since August 2008, who has paid neither any rent or utility bills since September 2008.

The contract has never been signed by us been signed by us and is not legal, but she will not move out.

The house has many major problems, which could be a health hazzard, and we have asked her ot move because of these, but she still will not move.

She has been sent 2 'legal' letters to ask her to pay her bills that are outstanding, which she has reponded by saying she has no money. She is now also asking us to pay her 2000 euros for her to move out ( she has said this would be cheaper than taking her to court) so that we can get the house repaired as the developer will not work in the house while she is living there as he believes she is contributing towards some of the problems and has written this in an e-mail to us.

How long would it take to evict her from the property, It depends on locations. Where is the house located?

Would we be able to claim the outstanding money that she owes us. Yes, you would but.. dependong on if she has or does not have goods... you will be able to cash it.

If she says she has no money as she does not work, what would be the consequesnces ( if any) for her if we were to proceed with eviction. How would any money be retrieved and if this is not possible are there any other concequences the court would make, or would she just be able to get away without any? The Courts will evict her and will declare the debt she has with you. Cashing the debt will depend on if yoiu can locate any asset owned by her.

Many thanks for any answers to the above.

If she is asking for a sum to leave the property, that might be a criminal offense, maybe stating this to her ( the report of the criminal offense will make her react..)

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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17 Jun 2009 23:22 by kernow24 Star rating. 106 posts Send private message

Hello Maria,

The house is near Duquesa, I think it is register in Manilva.  The site is called Vista de la Rocas.

This lady is stating that she has no money, no job as she was sacked in December 2008, and that her personel items have been 'ruined' because of damp in the house.  If this is true how could we recover any of the money that she owes, which probably amounts to over 10,000 euros with the outstanding utility bills.  There is also damage to our furniture that her cats have caused.

She is still asking us to give her 2000 euros to move out and has written this in an email to us stating that it will be cheaper than taking her to court. (which she is probably right)

Many thanks for your advice.

 





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