Can my tenant legally refuse to pay the rent during during this lockdown period?

Posted: Mon Jun 15, 2020 1:50pm

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Joined: 16 Mar 2019

Hello, I'm trying to find out how I stand legally with my tenant who has not paid the rent on my apartment which he is renting from me in Tenerife. I know I can't evict him, and I'm not trying to do so but I feel he is taking advantage of the current situation and the fact I'm thousands of miles away in the UK.

He is a businessman with a good job and also has a portfolio of his own properties in Madrid which he rents out. He has not paid the rent, claiming I must give him a rent free period because of the pandemic! I'm retired now and the rental income from my apartment is the only income I have. I still have to pay the outgoings for the apartment, mortgage, community fees, electricity etc......I can't afford to let him stay there for free!

In the U.K. Tenants can ask for a rent break if they've lost their job or find themselves in financial difficulty for whatever reason BUT the landlord can refuse. It is not a legal obligation.

I'm trying to establish if this is the case in Spain? I've told the tenant I cannot afford to let him live there rent free but as a good will gesture I will reduce the rent for him next month, just for this one payment.

He said he was going to pay, but hasn't.

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Posted: Mon Jul 13, 2020 12:45pm

3pebbles

Posts: 2

Location: Las Chafiras

Joined: 13 May 2020

Posted: Mon Jul 13, 2020 12:45pm

Legally he doesn't have to pay rent and cannot be evicted for the six months after the pandemic emergency rules have been lifted. However, he can pay some of the rent due by applying for the government financial aid, specifically set up for this and must pay you that (about 460€). It really depends if you can prove his income as the measures are really there to help temporary workers or selfemployed, who cannot work due to lockdown. of course we always get those who take advantage and this is probably your case.

I seriously suggest speaking to an English speaking lawyer who specialises in this area and find out what your rights and obligations are as you are dependent on the rent for your income. You must be able to prove the latter as well by the way. As he's not paying you might be able to stop paying community fees for a short while but each case is different so check up. I'm not a lawyer but am a landlady and my tenents are currently paying 50% less.