I have tenants in arrears of 2 months rent and also utility bills which are still in my name. A Burofax to reclaim the arrears was sent last week. I understand that it is a 4 week wait now until the judicial petition can be presented (assuming no action is taken).
What is not clear to me is:
a) how long the process is from that point. I´ve read links posted under this thread that say the tenants can be evicted in a maximum of 3 months, so why am I being told that it could take up to 9 months? This hardly fits the description of an express eviction. The apartment is in Gerona province.
b) I am told that the tenants usually appeal. Do they have to give reasonable grounds or is it just to buy more free-living time? If they appeal and therefore the case has to go to court how much longer will the process take, and does this mean they have to assume all court/lawyer costs, mine and theirs?
I´ve also been told that if the tenants are self-employed (as in this case), not to even bother with the separate court case of recouping payments and costs because they will simply declare insolvency and get away with it. If this is true (seems very unfair) I would really appreciate any advice on how to get the quickest possible eviction.
What is not clear to me is:
a) how long the process is from that point. I´ve read links posted under this thread that say the tenants can be evicted in a maximum of 3 months, so why am I being told that it could take up to 9 months? This hardly fits the description of an express eviction. The apartment is in Gerona province.
b) I am told that the tenants usually appeal. Do they have to give reasonable grounds or is it just to buy more free-living time? If they appeal and therefore the case has to go to court how much longer will the process take, and does this mean they have to assume all court/lawyer costs, mine and theirs?
I´ve also been told that if the tenants are self-employed (as in this case), not to even bother with the separate court case of recouping payments and costs because they will simply declare insolvency and get away with it. If this is true (seems very unfair) I would really appreciate any advice on how to get the quickest possible eviction.