Few situations can be more frustrating for a landlord than discovering that tenants in whom they had placed their trust have stopped paying rent and are also refusing to leave the home. This phenomenon, known as ‘concern’, It is becoming a real nightmare for many landlords in Spain.
Ana Quiroga, known as @abogada.tiktok, has spoken on this topic, a professional who has gained popularity for offering legal advice through social networks. In one of his latest videos, Quiroga addresses the problem of tenants who stop paying and take advantage of legal loopholes to stay in their homes without being evicted.
Quiroga explains that one of the keys to protecting yourself against this type of situation is to include a specific clause in the lease contract. This clause must stipulate that, in the event that the tenant fails to pay the rent during the first year of the contract, the owner may take criminal action based on the article 248 of the Penal Codewhich regulates the crime of fraud. This includes the possibility of requesting precautionary measures from the investigating judge, such as the immediate eviction of the tenant and, in the most serious cases, detention.
Facilitates judicial action
The lawyer also highlights that, with the rise of squatting, squatters are increasingly better legally advised, which makes the position of the owners even more difficult. Therefore, he insists that it is crucial to add this clause in all rental contracts to avoid major problems. According to Quiroga, this measure protects the landlord because it facilitates judicial action in the event that the tenant fails to comply with his obligations.
Furthermore, Quiroga encourages owners and real estate agencies to share this information and include this clause in all contracts they manage. According to her, this small detail can make the difference between facing a long and expensive judicial process or quickly solving a non-payment problem.
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