If you have a property or holiday home in Spain, one option to make some extra money in the off-season is renting out your home. While renting out a property is a great way to make extra money and a good way to keep your house from being empty, renting a property out is certainly not risk-free. From the dreaded non-payment of rent, to squatters or vandalism, there are many things that can and often do go wrong. The best thing to do when renting out your property in Spain is to be cautious, especially when choosing a tenant, as it is advisable to gather as much information as possible about them. If you've unfortunately had a bad experience with a tenant, this is what to do if a tenant destroys your home in Spain.
Do your research on potential tenants
Everyone is different, and no matter how well you prepare yourself, the uncertainty of letting other people live in your house will always be there. A good option is to consult insurance or rental arrears files to see the potential tenant's history, such as the one offered by idealista. But if all else fails and your house is destroyed, this is what you need to do.
Taking action against tenants
"The actions that need to be taken depend on when you take possession of the property. You have thirty days to examine the property when the tenant leaves it," explains César García, director of Acounsel Abogados.
As a general rule, it is at the moment of handing over the keys, once the contract has ended, when any defects that may have appeared during the rental period are discovered. "If you take possession of the property together with the tenant, you must examine the property and see what state it is in. If it is in good condition, you should still wait for the 30-day period to return the deposit," García explains.
However, if we suspect that something might be wrong, we should take all possible precautions. "If the tenant is going to hand over the property and you assume that it has been destroyed, it is advisable to go with one or more witnesses and take photos of all the damages in order to claim them later," García points out.
But often, especially if there is damage, the tenant has already left to avoid a direct confrontation. They may have left the keys with a neighbour or may not even return them at all. "In these cases, which occur very often, or after the tenant has been legally repossessed after an eviction procedure, it is necessary to bring witnesses and take photos of all the damage. The best thing to do, instead of witnesses, would be to go with a notary who will take photos of the damage, but this is an additional cost," says the lawyer.
If the tenant has indeed vandalised or trashed the house, you don't have to wait long to take action, but you have to justify and relate that the damage to the house has been caused by the tenant. The period should not exceed two months from the end of the contract.
"Judicially, you can claim in two ways; through civil proceedings, claiming the damages caused, and through criminal proceedings, by means of a complaint or lawsuit for a crime of damage", explains César García.
To claim the costs of the damages, if the deposit is not enough to repair them, you will have to inform your tenant of the situation. The first step should always be to try to solve the problem amicably. The best way to do this is by burofax, as it provides a reliable record. If the tenant refuses, it will be necessary to file a legal claim.
Home insurance for rental properties in Spain
Some home insurance policies offer guarantees for rented homes and cover damages produced during a rental. Taking out insurance can be crucial in this type of situation. In addition, the claim will be simpler, as the insurance company will take care of most of the process.
If the tenant becomes insolvent, even if you win the case, they will not be able to pay for the damage they have caused you. However, if you have the house insured, the company, depending on the situation, will take care of the damage or part of it, as they usually cover up to 3,000 euros in compensation.
How long does the owner have to claim the damages?
You have one month from the end of the contract to inspect the property thoroughly. If a claim for damages is to be made, the two months should not be exceeded, because the link between the damage and the tenant will be more obvious.
What damages can be claimed?
The landlord can claim for obvious damage caused by the tenant that has not arisen from the use and enjoyment of the property or the natural deterioration of the property.