Can I report my tenant to the police for not paying?

Question

José Manuel Alburquerque · Accepted Answer

Not for failing to pay, no. Not paying the rent is not a crime but a breach of contract, which is dealt with through eviction and a claim for the rent. A groundless report will not get you paid any sooner and, if someone is knowingly accused of something false, it can backfire on the person who made the report. It is a different matter if, besides not paying, the tenant has committed an offence, for example if he or she deceived you from the outset with false documents or deliberately wrecks the flat. When there may be an offence Fraud, if the tenant deceived you from the outset into letting the flat with no intention of paying, for example with false payslips or employment contracts or a false identity. There has to be prior and sufficient deception. The courts are demanding, because the fact that the tenant does not pay does not in itself prove an intention to deceive you. Forgery of documents, if the tenant submitted false documents to obtain the tenancy. Criminal damage, if the tenant deliberately wrecks the flat. Misappropriation, if the tenant takes the furniture or the appliances. Concealment of assets to defeat creditors (“alzamiento de bienes”), if the tenant hides or disposes of his or her assets to avoid paying you. Unlawful occupation (“usurpación”) or disobedience to the authorities, if the tenant goes back into the flat after the court bailiffs have recovered it (the “lanzamiento”). What does not work A tenant who stops paying and stays in the flat came in under a contract, so he or she is not a squatter. A report for unlawful occupation or unlawful entry into a dwelling, the fast-track criminal trials provided for those offences and the fast-track civil route against squatting are of no use against that tenant. The way forward is a possession claim for non-payment, with the prior attempt at negotiation that the law requires. If you think there is an offence First gather the evidence, such as the documents the tenant gave you and whatever shows that they were false. It is advisable to have a lawyer assess the case before making a report. The report, if appropriate, does not replace the possession claim, which is what gets the flat back for you.