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Apartment Rental - Tenants Rights Advice

Apartment Rental - Tenants Rights Advice

Old Nov 3rd 2010, 5:56 pm
  #16  
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Default Re: Apartment Rental - Tenants Rights Advice

Hi everyone

Thanks so much for taking the time to reply, and sorry for the delay, i have no internet.
Well i am still none the wiser... the utilities are still being paid, it is just the rent i am going to struggle with.
What i was hoping to do was pay as much as i could over the winter period, at least it would be something. I know that to rent it out over the winter would be a very difficult task for the landlord as well as if they wanted to sell, i am just looking at my options.
I have no intention of just staying here, not paying anything and - in effect - squatting, i want to come to some kind of mutual temporary resolution.
I just wanted to know where i stand legally, and if.. e.g.. i went out to a friends house and came back to find the locks changed, how would i get my stuff and is that legal?
There are so many conflicting stories that i have no idea what to take as being correct.
Staying in the UK is not really an option for the winter or longer term especially as i have many work commitments starting in March/April time.

But, thanks for all your help guys - i think i may have to get this clarified by a lawyer - now to find one that doesn't charge lol.

MB
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Old Nov 3rd 2010, 7:08 pm
  #17  
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Default Re: Apartment Rental - Tenants Rights Advice

It certainly comes across that you are trying to resolve the problem the sensible way.

I hope you find a good lawyer and that your circumstances change for the better really soon.
Take Care
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Old Nov 4th 2010, 1:34 pm
  #18  
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Default Re: Apartment Rental - Tenants Rights Advice

Originally Posted by snikpoh View Post
OK. I stand corrected. BUT, a local judge has just ruled differently, the tenant had not paid the rent or any bills for two consecutive months. The judge ruled in favour of the landlord and instructed the tenant to vacate with the help of the Guardia.

Does that mean that I should clearly state in all contracts that this is a 'short term agreement'? Where do I find the correct wording because the abogados and letting agents that I have used say they can't help?

As I understand it that unless it is a short holiday let i.e. couple of weeks it doesn't matter what you put in the contract the remarks made by the poster Avocados stands
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Old Nov 7th 2010, 4:48 pm
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Default Re: Apartment Rental - Tenants Rights Advice

There are two types of contract. Temporada (meaning for a "short" time - usually interpreted as 11 months) and Vivienda a long term contract that gives you occupancy for 5 years - provided you pay the rent. It is true that it is very difficult to evict a non paying tenant. In fact my personal experience is that if the tenant cannot be found when the court officer tries to serve a summons to appear, the case will be thrown out. In theory you could occupy for some time as a non paying tenant but remember that most owners are up to their necks in debt and if you don't pay then the owner will lose his house. We all need to help each other in these disastrous times so would you really want to do that? The bank also cannot turn you out without a court order and these can take up to two years depending on the district.
There have been some changes in the procedures recently but I am not up to date on these.

Originally Posted by shellou View Post
Im sorry to hear you have found yourself in this difficult financial situation and I cannot profess to be an expert in the rights of squatting in Spain (which is in effect what you will be doing if you do not pay rent and still live in the property)

All I can say is that as a rental owner I would be in big financial trouble myself if my tenant did not pay their rent. Are you paying/will you continue to pay your utilities bills? are the bills in your name or do you pay the landlord/agent directly. All these things I guess would need to be considered by the landlord/agent on top of the issue of non payment of rent.

Whilst i really do sympathise and I know you are trying to think of the right way to deal with this I do think it is wrong to expect to live somewhere without paying and I would not bother taking the legal route if someone pulled a fast one on me. Tenant would be out, locks changed, belongings disposed of.

Sorry but many property owners are struggling financially too and cant afford to be a charity.

I really hope you do get it solved amicably.

i would suggest seeking legal advice before you make any decisions
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Old Nov 7th 2010, 7:28 pm
  #20  
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Default Re: Apartment Rental - Tenants Rights Advice

Originally Posted by Checkala View Post
There are two types of contract. Temporada (meaning for a "short" time - usually interpreted as 11 months) and Vivienda a long term contract that gives you occupancy for 5 years - provided you pay the rent. It is true that it is very difficult to evict a non paying tenant. In fact my personal experience is that if the tenant cannot be found when the court officer tries to serve a summons to appear, the case will be thrown out. In theory you could occupy for some time as a non paying tenant but remember that most owners are up to their necks in debt and if you don't pay then the owner will lose his house. We all need to help each other in these disastrous times so would you really want to do that? The bank also cannot turn you out without a court order and these can take up to two years depending on the district.
There have been some changes in the procedures recently but I am not up to date on these.
Short term is a holiday let, say two or three weeks certainly not 11 months.
If you move in and it is your habitual residence then you can stay for up to five years if you have been paying the rent.
"The Urban Rentals Law of 1994 provides that the parties to a rental agreement may freely agree upon the terms concerning the duration of the contract.
According to this legislation, if the parties agree that the term of the rental agreement is for a period of less than five years, upon the date of expiry of the contract, it will be automatically renewed for successive one-year periods for a minimum of five years, unless the tenant notifies the landlord of his intention not to renew the contract within a period of thirty days prior to the expiry of the contract."
The recent changes make it slightly easier for the landlord to move the tenant out within the five years if he includes that the property may be needed as habitual residence for him or his family at some time, as has already been stated.
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