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Help!!!! 11 Month Tenancy Agreement

Help!!!! 11 Month Tenancy Agreement

Old Sep 13th 2017, 5:59 pm
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Default Help!!!! 11 Month Tenancy Agreement

Hi There,

I hope someone can help me. I am 6 months into my 11 month contract here in Spain. I have been renting my flat out in London to cover my Spanish expenses. I have loved every minute of living in Spain. Though I discovered today that my London flat has been trashed and the tenants have done a runner. I have no choice but to return to London and fix my flat. Now my tenants have left I won't be able to keep to my rental agreement here in Spain. Am I libel to pay the remaining 5 months of my contract I have left here? I really need to get back to London within the next 3 days to start repairs. I am totally gutted to be leaving but I have no choice. I am aware that I probably won't get my 2 month deposit back though that is the last thing on my mind. I just need to know where I stand here legally.

Thanks in advance for any guidance.

Mark
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Old Sep 13th 2017, 6:05 pm
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Default Re: Help!!!! 11 Month Tenancy Agreement

You only need to give one month notice but do it in writing in Spanish. 11 month contracts are covered by the LAU.
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Old Sep 13th 2017, 6:11 pm
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Default Re: Help!!!! 11 Month Tenancy Agreement

Originally Posted by markinchelsea
Hi There,

I hope someone can help me. I am 6 months into my 11 month contract here in Spain. I have been renting my flat out in London to cover my Spanish expenses. I have loved every minute of living in Spain. Though I discovered today that my London flat has been trashed and the tenants have done a runner. I have no choice but to return to London and fix my flat. Now my tenants have left I won't be able to keep to my rental agreement here in Spain. Am I libel to pay the remaining 5 months of my contract I have left here? I really need to get back to London within the next 3 days to start repairs. I am totally gutted to be leaving but I have no choice. I am aware that I probably won't get my 2 month deposit back though that is the last thing on my mind. I just need to know where I stand here legally.

Thanks in advance for any guidance.

Mark
Have you not got a notice clause in your contract in Spain ??? If so you could pay the appropriate notice period but this should not effect your deposit. The deposit is for potential damages, unpaid utility bills etc and should be in a separate clause from the contract period and notice period.

As a "By the Way" an 11 month contract is an outmoded concept, it has exactly the same legal status as a conventional rolling 12 month contract.
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Old Sep 13th 2017, 6:15 pm
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Default Re: Help!!!! 11 Month Tenancy Agreement

I thought 11-month contracts were more than outmoded I thought they were illegal.

This from a legal contract:
El presente contrato se otorga conforme a lo establecido en la Ley 29/1994 de 24 de noviembre, de Arrendamientos Urbanos, adaptada por la Ley 4/2013 de 5 de junio, de medidas de flexibilización y fomento del mercado del alquiler de viviendas, y por lo pactado en el presente contrato.

This contract is granted in accordance with Law 29/1994 of November 24, on Urban Leases, adapted by Law 4/2013 of June 5, on measures to flexibilize and promote the housing rental market, and as agreed in this contract.
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Old Sep 13th 2017, 6:18 pm
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Default Re: Help!!!! 11 Month Tenancy Agreement

Originally Posted by spainrico
I thought 11-month contracts were more than outmoded I thought they were illegal.

This from a legal contract:
El presente contrato se otorga conforme a lo establecido en la Ley 29/1994 de 24 de noviembre, de Arrendamientos Urbanos, adaptada por la Ley 4/2013 de 5 de junio, de medidas de flexibilización y fomento del mercado del alquiler de viviendas, y por lo pactado en el presente contrato.

This contract is granted in accordance with Law 29/1994 of November 24, on Urban Leases, adapted by Law 4/2013 of June 5, on measures to flexibilize and promote the housing rental market, and as agreed in this contract.
Definitely Legal and covered by the LAU.
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Old Sep 13th 2017, 6:20 pm
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Default Re: Help!!!! 11 Month Tenancy Agreement

Originally Posted by Loafing Along
Have you not got a notice clause in your contract in Spain ??? If so you could pay the appropriate notice period but this should not effect your deposit. The deposit is for potential damages, unpaid utility bills etc and should be in a separate clause from the contract period and notice period.

As a "By the Way" an 11 month contract is an outmoded concept, it has exactly the same legal status as a conventional rolling 12 month contract.
Thanks for getting back to me. The contract is in Spanish though I have had it translated and there is no notice cause. Though it says something like if I haven't paid rent for 2 months that it could be referred to the local courts. I did pay him 3 months rent also as a security deposit grrrrrr!
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Old Sep 14th 2017, 9:29 am
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Default Re: Help!!!! 11 Month Tenancy Agreement

So basically I can just give my landlord 30 days notice. As I have paid him 6 months rental already?
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Old Sep 14th 2017, 11:43 am
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Default Re: Help!!!! 11 Month Tenancy Agreement

Originally Posted by markinchelsea
So basically I can just give my landlord 30 days notice. As I have paid him 6 months rental already?
Yes go for it
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