markinchelsea

Hi There,

I am just wondering whether someone could give me a little bit of advice. At the end of March we signed a 11 month tenancy agreement for a flat in Fuengirola area and moved in early April. We paid 2 months deposit and 1 months security so it came to about 1500 Euros.

Unfortunately the flat and our landlord isn't what we thought it would be. Yesterday we got a really angry voicemail message from our landlord saying that there had been complaints from the community president that we had been making noises and the other residents wanted to call the police. He couldn't provide me with any details other than that. We were totally shocked as the night in question we were in bed at 11pm and we knew there must be some mistake. We offered to speak to the president of the block and police to find out more.

Anyway we discovered yesterday from a policeman in our hallway that it was in fact the flat next door to ours where the issues had evolved from. The tenant there is a bit of a drunk who leaves his huge dog home alone most of the day. The dog basically bangs and jumps up against the door and has proved to be the noise nuisance. The night in question the police had shown up but not at our door but the neighbours door.

Anyway we feel a bit pee'd off by our landlord for accusing us without the facts, also we don't really want to live in a block where the police are on call due to drunken neighbours and their dogs. Is there anything we can do as my partner just wants to move somewhere else now but are we tied to this 11 month tenancy which means we couldn't legally move until the end of February 2018?

Thanks for reading and any advice would be greatly appreciated.

Mark

markinchelsea

Any advice anyone?

tebo53

I think you only need to give one months notice to leave. You may not get your deposit back though. Put it in writing (and in Spanish) that you give notice to leave on ......(date) and request an inspection of the property and ask for your deposit to be repaid.

markinchelsea

Thanks for getting back to me. Even though I informed my Landlord that it was the neighbours flat who was making the noise. That the police confirmed this with me. My Landlord still hasn't got back to me to apologise for his accusing voicemail etc which has kind of upset my partner.

cermignano

I would be temped to stay the 3 months that you have paid for. Give notice to this affect and the reasons to your landlord. Because you will not get any of your money back. This will give you time to have a look for something else. Don't pay another penny unless you want to lose a thousand pounds. This is what happens in UK to students and renters all the time. My three student sons were left with no option but to stop paying the last month's rent each year. We were losing so much money. I oversaw the final deep cleaning myself and all flats were in a better state than when they moved in. I know it is unconventional but I make no apologies for suggesting this due to personal multiple experiences

snikpoh

I don't understand why you say you paid 2 months deposit and 1 months security.

The rules are that you should pay the first months rent and 1 months fianza (damage deposit) - and possibly agents fees. Some times people are asked to pay 2 months fianza.

Anyway, as stated previously, the contract will state what the notice period is (if it's a legal contract). It will also mention that the contract is written following the LAU. The LAU states that only one months notice needs to be given by the tenant.


Having said all of that, it is notoriously hard to get deposits back in Spain.

Best of luck.

tuhler

When we rented an apartment for 6 months we stopped paying after 5 months..landlord seemed to expect this as the norm

CapnBilly

Whilst it is correct to say that you only need to give 30 days notice under the LAU, this is after a minimum period of 6 months which may include the notice, so you are unlikely to get your deposits back.