# House robbed - barcelona



## Mrrickus (Sep 21, 2011)

My apartment was recently burgled, not via the front door but by some lunatic who scaled gas/water pipes from the window of the stairway of the building and then through one of my windows...I live on the 7th floor, so one slip and he/she was dead.
My problem is this...when I rented the flat I wasn't aware who the neighbours were, all are nice people bar one floor who seem to be made up of a mother and her three kids who are famed drug dealers, bike thieves and general bad news. The neighbours are scared of them and the building supervisor has already said he maintains its them that broke into my place. They are a social plan and up to this **** for the last several years in the building but appear to be bullet proof in terms of getting kicked out. The lawyer for my landlord also seems to know of their antics and the police have arrived several times not to me mention shady characters coming in/out. I am living in what would otherwise be deemed a nice barrio in Barcelona. My question is, as the landlord, lawyer and supervisor are aware of this problem and are now putting fencing against my window as it was "easy to break into my place" they say, do I stand anywhere legally to sue these people as my apartment was ransacked, money and jewellery stolen and not to mention the psychological torment of having to live there with thoughts that it could happen again while I'm in the place alone.


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## Dunpleecin (Dec 20, 2012)

Unless you’ve got proof, no. What if, just supposing, despite your clearly judgemental view, they are actually innocent? And they could prove it..you’d not only look a right Charlie (no pun intended) you’d be a lot poorer for the experience. I’d just claim off the insurance and keep your flat as secure as you can.


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## Mrrickus (Sep 21, 2011)

Thanks for the reply, I appreciate it. If the lawyer, landlord and supervisor are all suggesting these guys are long time trouble makers, then surely they've rented me something they were aware of was dangerous, do I have any case then?


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## Elyles (Aug 30, 2012)

Mrrickus said:


> My apartment was recently burgled, not via the front door but by some lunatic who scaled gas/water pipes from the window of the stairway of the building and then through one of my windows...I live on the 7th floor, so one slip and he/she was dead.
> 
> My problem is this...when I rented the flat I wasn't aware who the neighbours were, all are nice people bar one floor who seem to be made up of a mother and her three kids who are famed drug dealers, bike thieves and general bad news. The neighbours are scared of them and the building supervisor has already said he maintains its them that broke into my place. They are a social plan and up to this **** for the last several years in the building but appear to be bullet proof in terms of getting kicked out. The lawyer for my landlord also seems to know of their antics and the police have arrived several times not to me mention shady characters coming in/out. I am living in what would otherwise be deemed a nice barrio in Barcelona. My question is, as the landlord, lawyer and supervisor are aware of this problem and are now putting fencing against my window as it was "easy to break into my place" they say, do I stand anywhere legally to sue these people as my apartment was ransacked, money and jewellery stolen and not to mention the psychological torment of having to live there with thoughts that it could happen again while I'm in the place alone.




You are thinking too much like an American living in a litigious society. An old Texas phrase comes to mind. (You can’t squeeze blood out of a turnip) In other words, if they already have no money, how are you going to get any from them. I’d move.


Sent from my iPad using Tapatalk


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## Dunpleecin (Dec 20, 2012)

Mrrickus said:


> Thanks for the reply, I appreciate it. If the lawyer, landlord and supervisor are all suggesting these guys are long time trouble makers, then surely they've rented me something they were aware of was dangerous, do I have any case then?




Hold on, I thought you meant suing the degenerates from the floor below. Are you talking about suing the lawyer and landlord?


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## Mrrickus (Sep 21, 2011)

Lawyer and landlord. They knew all about these people are their drug dealing etc. for many years but rented us the flat regardless. Its impossible for me to go around the building to interview everyone to make sure they were OK before I moved in but I asked the lawyer was the place safe and they confirmed it was (by conversation, not email etc). So effectively this is like selling somebody something that you know is **** and will fall apart soon. Today they told us they are putting a fence on the windows now to stop these people trying again. I am wondering where do I stand in terms of suing lawyer/landlord.


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## Dunpleecin (Dec 20, 2012)

I understand the question now. Well I would say morally they have a lot to answer for, but legally, I think it’s down to you to research where you’re going to rent. Your contract is for a place to live for x amount of time. It’s not an all inclusive holiday resort where they’re not supplying what you’ve paid for. You pay rent, they supply accommodation. That’s it I’m afraid.


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## Mrrickus (Sep 21, 2011)

Sure I understand, my issue is more so they know full well whats going on but retaining this info in the hope of selling accommodation is pretty poor moral standard. I checked the contract again and its just the basic..as you mention we pay/they supply. I'll look into further or give some pressure as we lost money/goods off the back of something they were aware was happening in the house but took no precautions to prevent or warn people before today. If the not the apartment itself then surely the building must have an obligation to keep the general public safe at least if they are entering and walking around it.


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## Mrrickus (Sep 21, 2011)

p.s I would add I can't really go around door to door to interview each neighbour of a place before I get a chance to rent it, so researching in this case is impossible.


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## skip o (Aug 1, 2011)

I would be amazed if you had a case even in a lawsuit happy place like the United States. Think of all the things a renter could claim they weren't told about... a loud bar, a loud neighbor, a neighbor with loud kids, a neighbor who smokes, a stinky restaurant, etc. Your landlord isn't responsible for not telling a renter about all the things that might trouble them. 

Sorry to hear that this happened to you though. What did the police do? Any fingerprinting or anything? I have no idea how that all works, or if they will only do it if a certain amount is stolen or what.


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## Pesky Wesky (May 10, 2009)

It seems to be general knowledge that the Spanish law system, including the courts is slow, laborious and expensive although I have no experience of it myself. I think you have some good advice from members here and I'd add, move on with life - claim what you can, make the apartment as safe as you can and leave it behind you.


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## Mrrickus (Sep 21, 2011)

skip o said:


> I would be amazed if you had a case even in a lawsuit happy place like the United States. Think of all the things a renter could claim they weren't told about... a loud bar, a loud neighbor, a neighbor with loud kids, a neighbor who smokes, a stinky restaurant, etc. Your landlord isn't responsible for not telling a renter about all the things that might trouble them.
> 
> Sorry to hear that this happened to you though. What did the police do? Any fingerprinting or anything? I have no idea how that all works, or if they will only do it if a certain amount is stolen or what.


The cops came twice, once to take a report, then to take prints but the thief had gloves on. They are also aware of these pieces of **** down-stairs but can't do anything about it, which I understand. Its extremely frustrating as I will be pass these people in the hall way of my building.


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## Juan C (Sep 4, 2017)

Statistically it is unlikely that people will break into their neighbour’s property, so whilst mainly because of their reputation you think you know who it was, that is a long way from ever proving it.

Also, unless you can be evidentially certain that the entry took place as you say, unless you changed the lock on your principle door, the chance that someone has a duplicate key is quite high (previous renter, owner, tradesmen etc).

I trust you have insurance to cover the losses and, if you have not done so, you will replace the front door lock and reinforce the window which you think was the point of entry and any others which might be in the future.


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## mrypg9 (Apr 26, 2008)

It's very unlikely these 'troublesome' neighbours will move. It is equally unlikely that you will successfully sue your landlord and lawyer.
You have one realistic choice: stay or find another place to rent.

Nearly everyone I know has been burgled. We live in what is considered an 'upmarket' area and we were burgled, in fact we returned and surprised them actually in our house. Our dog scared them off. There are squatters living in an empty house across the road and they are automatically suspected of any break-ins in our area although they may well be innocent. 
The view of the police who attended is that live in a big house, you run the risk of being burgled. 
Probably why most people round here have high walls, sophisticated alarm systems and big dogs.
We have no money or valuables, a basic alarm system and two big dogs.


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## Mrrickus (Sep 21, 2011)

They 100% came in scaled the interior of the building as was spare bedroom was full of the **** from the pipes outside. They then had to go back out the same way as they couldn't open the front door without keys and one of the locks is a one-sided dead lock. 3 of the long term residents of the building have been interviewed and all maintain its the same people who've done this before to the point downstairs windows to the house interior have been blocked off. You would have to know how the building works to get away with this doing what was done on a 7th floor.


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## Juan C (Sep 4, 2017)

If as you say it is 100% certain then there would be more than enough evidence for the police to take action. 

Often the victims of crime see things differently from trained detectives. 

However, if you are convinced then go to the police and demand the complaints forms. Fill them in saying that you do not believe the police have carried out a proper investigation.

Bear in mind through that to make an allegation against a person, which you have any reason to believe is not correct, is a criminal offence in Spain

Good luck


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## Pesky Wesky (May 10, 2009)

Juan C said:


> If as you say it is 100% certain then there would be more than enough evidence for the police to take action.
> 
> Often the victims of crime see things differently from trained detectives.
> 
> ...


In my opinion complaining to the police would most probably not benefit in anyway and could backfire with the police giving you UNpreferential treatment in the future. It was obviously an event that left its mark on you, but complaining about police action about a break in may cause you more problems than it solves.
Look carefully at making your flat more secure and maybe talk to neighbours to see if they have had any problems with the difficult residents you mention. If you gather evidence together and present this to the police you may be able to get somewhere.
Other than that try to leave it behind you. New year, new life ...


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## Juan C (Sep 4, 2017)

I have been involved several times with asking the National Police for the complaints forms. On each occasion they immediately put right the cause of the complaint. I did not suffer any 'bad reactions.'

The `police are there to provide a service, if they do not then complain it is your right.


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## Pesky Wesky (May 10, 2009)

Juan C said:


> I have been involved several times with asking the National Police for the complaints forms. On each occasion they immediately put right the cause of the complaint. I did not suffer any 'bad reactions.'
> 
> The `police are there to provide a service, if they do not then complain it is your right.


Good to hear you have had positive reactions. I don't think I've ever had any dealings with the National Police in all my years here, so it seems that you've not been lucky having been involved with them on several occasions and also having had cause to complain. Maybe they are not so effective in your area?


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## Juan C (Sep 4, 2017)

Pesky Wesky. 

I have assisted non Spanish speakers a number of times in my 30 years here. Fortunately I have not had any personal problems which have involved the Police. 

Their response each time when I have asked for the complaints forms has been polite and professional. I certainly would not hesitate to do so again.


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## Pesky Wesky (May 10, 2009)

Juan C said:


> Pesky Wesky.
> 
> I have assisted non Spanish speakers a number of times in my 30 years here. Fortunately I have not had any personal problems which have involved the Police.
> 
> Their response each time when I have asked for the complaints forms has been polite and professional. I certainly would not hesitate to do so again.


Ahh, that explains why you've had so many dealings with them!
I have always found the police polite and professional.


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## mrypg9 (Apr 26, 2008)

normanosborn50 said:


> hi, I think you should have enquire all the details first before you move in to your new flat because it matters a lot.


OK, so you enquire about the character and habits of your neighbours, find everything is hunky-dory, then six months down the line a bunch of twenty-somethings who party every ni9ght move in next door....You have no control over the future.


When you rent, you at least have the choice to swiftly relocate. For decades we lived in a house in a very quiet area in the UK, then shortly before we began our preparations to move the neighbours from hell moved into the rented cottage next door.
They were eventually evicted but not before they had trashed the house and caused big problems for the neighbours.


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## Michael Kelly (May 30, 2017)

mrypg9 said:


> When you rent, you at least have the choice to swiftly relocate.


So true, Buying an apartment in Spain is a real lottery.


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## mrypg9 (Apr 26, 2008)

Michael Kelly said:


> So true, Buying an apartment in Spain is a real lottery.


Just one of the many reasons we decided to rent once we'd left the UK for good.


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## Isobella (Oct 16, 2014)

mrypg9 said:


> OK, so you enquire about the character and habits of your neighbours, find everything is hunky-dory, then six months down the line a bunch of twenty-somethings who party every ni9ght move in next door....You have no control over the future.
> 
> 
> When you rent, you at least have the choice to swiftly relocate. For decades we lived in a house in a very quiet area in the UK, then shortly before we began our preparations to move the neighbours from hell moved into the rented cottage next door.
> They were eventually evicted but not before they had trashed the house and caused big problems for the neighbours.


Very true, the first place I bought was great at first. Opposite Battersea park and just an elderly couple next door, never heard a sound. About a year later they sold, bought by a rich S. African family for their two spoiled daughters to enjoy London life! They partied every night and I quickly discovered their kitchen wall adjoined my bedroom.

Happened once in Spain too. A town house, next door owned by a nice couple from Madrid who were rarely there. Then they rented to a South American family, couple with 2 young babies and two teenagers. There was music from early morning until 4am. and they all sounded as if they spoke through megaphones.So we sold, should have stuck it out as the renters moved out about a month after we left ha ha.

As for suing I think it would be a lose lose situation. Very expensive to take action in Spain too. lawyers want around five to ten thousand just to start the case.


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