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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5981
Experience:  Spanish Attorney
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I own a property in Javea which is a holiday home. The tenants

Resolved Question:

I own a property in Javea which is a holiday home. The tenants have not paid any rent for 12 months. The property is on an urbanisation and I pay Community Charge. They are not at the property at present and I do not know whether they have moved out or are on holiday.
Am I legally able to consider having the lock changed to the property?
Thanking you in anticipation.
Yvonne Richardson
Sunderland
SR5 1SH
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.
Hi there
José M spanish solicitor
To enter at the propiety to change the lock could be a criminal offence if you fail and they are still there
So you must be carefull
In order to be carefull you could check the electricity, gas, water consums in several days
When you realise they are cero, contract a notario who makes an acta of this facts and enter and change the key
Remember to be very carefull and follow this instructions
Do not enter and change taking riskes and without protect you
Thank you for asking again whatever you need
Customer: replied 1 year ago.

Thank you for your response which is very helpful.

When I have further information regarding there whereabouts I need to recover outstanding arrears of rent. What are my Legal rights regarding this matter?

Expert:  José M. replied 1 year ago.
Hi again, in order to get the money debt to you, you will need to contract a local atorney to demand them at court
The procedure is fast and no so expensive, you could ask for several budgets and decide
The real chance will be if your atorney get to know where they are and if they have something to be seized.
If you do not know where they are or if they have something to be seized you take the risk to sue they for nothing.
Thank you
Expert:  José M. replied 1 year ago.
I can see you reach my answer
I gently ask for as good rate of the service, itsthe way I get paid from the site
Thank you
Customer: replied 1 year ago.

Thank you for your reply to my last enquiry.

If the tenants return to the property would it be advisable to send them a

letter regarding payment of the outstanding arrears of rent before contacting the local attorney? The letter would be sent recorded delivery.

However, I understand that the recipient would have to collect the letter from the Post Office. There is no guarantee that the letter would be collected. Is this correct?

Thank you

Expert:  José M. replied 1 year ago.
Correct, the best way is to send them a burofax, is cheap and easy
http://www.correos.es/ss/Satellite/site/producto-burofax-cartas_documentos/detalle_producto-sidioma=es_ES?idiomaWeb=en_GB
If in case they do not take it, you could prove later on that you send it
Thank you
Customer: replied 1 year ago.

Thank you for your response. That is very helpful.

If I need to contact a Local Attorney could you advise me what evidence would be required from me for the case. I need to be prepared in advance as I have never dealt with these issues before.

Thank you

Expert:  José M. replied 1 year ago.
Hi there again
If you got a contract, give him a copy, and add the requiremnts of payment sended to them, and everithyng you have in order to probe the contract and that they once stop to pay you
Do not worry because if the atorney need something alse he will ask you for it
Let me know if you need more help, thank you Yvonne Richardson
Customer: replied 1 year ago.

Thank you very much for all of your help regarding this matter.

Do I action the rating at the end of the full enquiry?

Thank you, ***** ***** Abogado

Expert:  José M. replied 1 year ago.
Hi there,
You could make it when you want, you will recibe my answer done it or not
Thank you
José M. and other Spain Law Specialists are ready to help you

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