Advice please! "Squatter" in our Spanish holiday apartment

You have several answers on your other identical post.

Steve 

Hi London Lady,

As you have been advised previously, you are not in a strong position.  Even without a formal tenancy agreement, you have effectively created an agreement between yourselves and your de facto tenant by allowing them.to stay for a protracted period and taking money from them, for which there will be an audit trail between the tenant and your bank.  

Also, have you been declaring the monthly rental income in your Spanish non-resident tax return?  If not, you could be opening yourself up to redress by the Agencia Tributaria, not just for the tax on the unreported income, but also fines.

There are Spanish companies who claim to be able to evict squatters on your behalf, but they have to comply with strict laws in this regard, and so what they actually do is negotiate with the squatter for you to pay them an agreed amount to leave.

I urge you to read the information provided by other members, in the links they posted in your duplicate threads, and seek specialist legal advice. Any solution is likely to be protracted and costly; unlike the UK, it is not illegal in Spain to squat in residential property and the law appears heavily weighted in favour of the squatters.

Kind regards, 

Kim

Thanks Kim - what a nightmare!

"Good Morning London Lady. When you first listed "Advice needed re; a squatter in your property" I read your wording and also the way you used your choice of wording. There are always two sides to a story. However.  It was obvious to myself there was no contract, I also knew the position you find yourself in and  all the ongoing problems you are about to face in the future which will take years to solve. If they may be resolved at all. I sent a private message to you with a company name and a contact telephone number. This company FueraOkupas operate in a legal manor, have trained negotiators, do not use base ball bats, they have a high success rate, I have used there services for another matter hence my recommendation. To accept 380 euros per month, around 300 gbp give or take  is hardly a rental nor a rental contract suggested by this squatter,  indeed that would only cover your community fees (if any), gas (if any), electric, water, insurance, suma, mortgage (if any) etc etc etc.  Regardless you have a squatter in your property. In my private message to you and your husband I mentioned ask any questions, I would answer them openly and honestly. Not all matters should be in full view for all in sundry to read, you did not even have the good manors to say thankyou. You have also been given honest decent advice by tebo53, Kimmy11 and marcliff.  May I wish you and your husband well for the future. My Regards. R.

By no means it will be easy to recover use of your property. At this time about 1 mio. appeals are pending hearings and the average waiting time is over 2 years. Then, the lawsuit will take another year or two, and you can be happy if you get the payments. Sorry to say this, but you will have to face the facts.

That's fine. He has stated that he will leave in 3 years' time; we would now just like to know how we can ensure this (if anyone knows ;-))

Hi London Lady,

I think your experience to date suggests you shouldn't trust his word.  Speak to a lawyer for advice about how to protect your position and your property.

Kind regards, 

Kim

Thanks for your input - much appreciated :-)   Have already approached our Asesores (no response yet) so let's see...

This is first time my partner and I have ever tried using forums and thought that we had tried two, but you're not the only person who has mentioned seeing the post on several sites. I wonder if there are associated forums that posts are automatically shared with ?

Either way, the comments from you and others about seeing the post elsewhere come across as criticism. Perhaps you could clarify.