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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 117454
Experience:  Attorney with over 24 years experience.
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I have a problem with a tenant who lives in a property i own

Customer Question

I have a problem with a tenant who lives in a property i own next door. She refused to sign a new rental contract when her previous one ran out in March this year. She said that her plans were uncertain but she wanted her daughter to finish her school year before they returned to ireland.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Andalucia. Sorry i didnt mean to press send!
JA: Has anything been filed or reported?
Customer: On 22nd may The tenant gave me verbal notice to leave on 15 july . I found a new tenant who signed a contract starting 1 august. She showed the couple around. I immediately told her that they wanted to rent from 1st august. I also arranged for damp proofing work to take place after she left and for a new door lock to be fitted. Eight days later she told me that i was a liar and that she hadnt given notice. I wrote giving her notice for 15 july which is the next full rental period. Today she hasnt paid her rent for the month ahead. She has no nie or bank account here. Her banking address is in ireland
JA: Anything else you want the lawyer to know before I connect you?
Customer: Do i have a right of entry for essential repairs? The security of the house was compromised because last year her partner attacked her and ws sentenced by the court here. He kept a set of keys. I NEed to change the lock.
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
So, she is a month to month tenant, you need to give her a 3 day notice to pay or evict for non-payment of rent. You also need to file suit to evict her if she does not pay. Sounds like she has some mental health issues and while you have a right to enter to inspect and make repairs with 24 hour notice to her, you should not do so alone because people with those type of issues can make false allegations against you and you need a witness with you.
You can change the locks, but you need to provide her the keys until her tenancy is up, so I would hold off changing the locks until you get this woman out of the property, then change the locks.
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