How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Kasare Your Own Question
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
Type Your Law Question Here...
Kasare is online now

I have a tenant who has not paid her rent months or

This answer was rated:

I have a tenant who has not paid her rent for five months or water and electricity. She signed a years contract. It has been in hands of solicitors since December, we are now waiting for a court order but thing are unclear, I don't fully understand what's occuring or the procedure. The property is in Spain. Can you recommend anything I should do? Should I still be sending my tenant bills she owes? Or can she accuse me of harassment?
Hi thank you for your question, I will assist you with this.
However, I must advise you that I am not a spanish lawyer, simply an english lawyer who has a lot of experience of a) living in spain and b) this same problem.
If based on this you still wish me to assist, please confirm.
You should also advise:
where the property is?
how the water and electricity are being paid?
when did the lawyer presented the papers to the court?
In addition, not that it SHOULD matter legally but what is the nationality of the tenant?
Was the rental contract drafted in Spanish, English or another language?
Was the contract legally registered so that you pay tax on the earnings?
I know this seems like a lot of information but as much information as you can provide will help me advise you properly.
Customer: replied 3 years ago.

HiCustomer Yes please I would still like your advice.

My property is in La Cala de Finestrat, Villajoyosa. On the outskirts of Benidorm.

My water and electric are paid on a direct debit from my Spanish bank account BBVA, however they are still in my name, I was going to exchange to tenants name in December when out there, as you have to sign in person. I've been told to stop paying now, but will this effect me?

The lawyer presented the papers end of January. I have seen the Lawyer and spoke to her in person, and she is a recommendation. she is from Madrid and has someone dealing with my case in Villajoyosa,

My tenant is Spanish, I do speak the language but I don't understand legal papers and legal jargon.The contract was drafted in Spanish, not the best I believe.

I don't think it was legally registered, but I do pay tax on my property and declare everything correctly with my accounts in this country. I have a mortgage on the property and pay rates and community charge.

I'm at the point now where I can't keep paying for someone who I don't know living in my apartment. I'm working seven days a week to make ends meet. Thank you

Hi Shani
Thank you for your reply and detailed response.
In Spain it is considered "illegal" for an owner to cut off utility supplies to the property, even when the tenant is not paying the rent, to do so is considered harassment and/or coercion and the tenant can actually file a criminal complaint against you. This is the same even if you simply stop paying.
This is not something I can recommend as being legal and the correct manner to do and any action of this kind may have repercussions (however, I am aware that this has been done by owners who have been able to show that they are financially unable to pay these bills and there has been little consequence to them but it has assisted in moving a tenant a little quicker!)
Despite the new "fast" procedure, things do progress very slowly in Spain and on average, depending upon the Court and their backlog, such proceedings can take 5-9 months.
If your lawyer presented the petition to the Court seeking a Notice to Evict in January the court should have given a date by which time the matter is resolved. You should contact your lawyer to check to see if there has been a date appointed by the court.
If the tenant has failed to oppose the Notice of Evict and no rent or utilities have been paid then there is no need to even proceed with a court hearing and the process moves directly to executing the eviction order on the date given at the time the order was originally petitioned.
One good thing about the Spanish system - as it is a Spanish tenant - is that if they do not pay and you get a judgment the court can embargo the person's account (or apply against an attachment of earnings paid into that account) and ensure that payment is made of the judgment debt.
I appreciate that this process is very frustrating but your lawyer should be able to advise you on where this matter is now.
I hope this assists. If you have any questions please don't hesitate to ask.
Kasare and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you for your excellent advice, I now have the situation clearer, seeing it in English.

Can I ask would I be in order to send my tenant all the bills she owes up to now? as I'm not sure she has received any kind of information from my lawyer, I was told not to have anymore contact with her, she hasn't had any receipts from me from the beginning of December.

Also should my tenant have had any notification of what's happening? I don't know if she has received anything.

Thank you


Hi Shani
you could ask you lawyer to send them but it does not really make a difference in Spain. When the matter dealt with in court the lawyer will present all the up to date sums due.
Your tenant will have received a letter from the court delivered to her by the police. Ask your lawyer if they are aware or not if she has accepted service of the letter.
Anything else just ask