Moving to Fuerteventura

Many people in Fuerteventura own homes that they will rent out on a long term basis to help pay the mortgage… or simply to keep occupied until they retire out to the sunshine. However, common problem is when your tenants stop paying the bills. An understandable first reaction of many is to change the locks, switch off the utilities, or maybe even get physical. Don’t do it!

Actions such as these can leave you wide open open to prosecution which can often result in a hefty court bill – and even compensation to the ar*eholes who weren’t paying their rent in the first place. So what can you do?

Spanish law is very much biased towards the tenants, and although the sytems are improving, and changes in Spanish Law have taken this into account  – it can still take as long as 18 months to remove them from your property. A really long time… especially if you’re struggling to pay the bills… and can even involve your home being repossessed if you can’t make the mortgage payments.

Help! What can I do?!
First of all – you should jump into action as quickly as possible.  Send your non-paying tenant a registered letter, asking for payment of owed rent, and giving a reasonable timeframe within which they need to pay up. Normally a couple of weeks should be sufficient. Your asesoria or lawyer should be able to take care of this for you for a nominal fee.

Don’t go changing the locks or trying to remove the tenants physically. The Spanish Authorities take this extremely seriously, and those actions are considered coercive (delito de coacciones) and even unlawful entry (delito de allanamiento de morada), despite you being the legal property owner. Both of these acts are punishable under the Spanish Penal Code.  Not what you want!

If you try to cut off the utility supplies, either by cancelling all the water and electric, or by not paying the bills), he may also be prosecuted because this is also classed as coercion. It is the property itself which is responsible for the debts… so ultimately – that’s you!

In addition to this, the landlord may be breaching the terms of his own rental agreement if he has said utilities are included, and this can weaken his case before a court as it progresses.

OK… well I gave them 2 weeks… and still no money… what now?
Unfortunately, if the above hasn’t worked for you – then you will have to prepare for a few more bills and start the eviction process (judicio de desahucio). Make sure you get a lawyer involved with this. They know the system inside out, and are worth every euro. Be prepared for a long wait though – as this can be a very lengthy process as the law stands at this moment in time.

This process requires not only your lawyer, but also a “procurador”, who is completely separate and not employed at a law form. Under Spanish legislation – this person must be used. They act as a go between.

How much? Costs will obviously vary, but a lawyer will charge between €1500 – €1800, and the procurador would charge between €700 and €1000. Don’t forget the other bills afterwards such as redecorating, lock changes etc.

Delay tactics… grrrr!
Yes, because the courts are so in favour of the tenant – a number of delay tactics can be applied by the very person you are trying to evict. Once the process is underway – do not accept any money from the tenant directly in lieu of payment. Refer them to your lawyer instead (that’s what you’re paying them for)… or they can claim that they have been paying at least something in the meantime. The tenant could ask for an “enervación”, which is where you are forced to give them one opportunity to pay up before the judgment.  Even if you refuse to take that payment the tenant can still pay it at the court and you will be forced to extend the rental agreement. This nullifies the legal action taken. This is a one time offer though – should the tenant still not pay, then the eviction can continue

Once the judge makes a ruling in your favour, the court will issue the eviction order . The police will go to your property, and physically remove the tenant and their possessions. Bring a comfy seat and enjoy the view! You are then free to enter your property and rent it out again. Be prepared though before you enter your property… as disgruntled tenants have often been known to cause a lot of damage before leaving.

Stay legal… stay safe!