Lanzarote Relocation

Many people in Lanzarote have purchased a property that they will let on a long term basis to pay the mortgage… or simply to keep occupied. However, and age-old problem is when tenants stop paying the rent. An understandable first reaction is to physically evict said tenants by shutting of water and electric, changing the locks, or worse… but that can leave the landlord 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?Despite the change in the law, which enables the eviction process to proceed more speedily – it can still take as long as 18 months. A long time 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 react as quickly as possible.  Send your tenant a registered letter, asking for payment, and giving a reasonable deadline within which they need to sort it out. Normally a couple of weeks should be fine. Your lawyer should be able to give you something standard for a reasonable charge.

Don’t change the locks or try to force them out physically. The Spanish Authorities take this verry seriously, and is deemed as 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.

If the landlord decides to cut off the utility supplies, either by cancelling all contracts, or by simply nhot paying the bills), he may also be prosecuted because this is also classed as coercion.

In addition to this, the landlord may be breaching the terms of his own rental agreement and this can damage his case before a court as it progresses.

OK… well I gave them 2 weeks… and nada… what now?

Unfortunately, if the above hasn’t worked for you – then you will have to bite the bullet and start the eviction process (judicio de desahucio). Make sure you get a lawyer involved with this. They know the system and worth every euro. Be prepared for the long haul though – as this can be a very lenghty process as the law stands at this moment in time.

This process requires not only your lawyer, but also a “procurador”, who is completely sepearte and unbiased from both parties. Under Spanish legislation – this person must be used.

How much? Costs will vary, but a lawyer will charge between €1500 – €1800, and the procurador would charge between €700 and €1000. Don’t forget the other costs 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 in lieu of payment. Refer them to your lawyer instead… or they can claim that they have been paying at least something in the meantime. The tenant could also 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 thetenant 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 isse the eviction order . The police wikll go to your property, and physically remove the tenant and their possessions. Bring a bag of popcorn and enjoy the view! You are then free to enter your property and rent it out again.

Stay legal… stay safe!

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