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Landlady has passed away with no next of kin

Landlady has passed away with no next of kin

Old Apr 24th 2021, 1:34 pm
  #1  
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Default Landlady has passed away with no next of kin

Hi all!

I live with my wife and 21month old son renting a property for the last 2 years from a (now late) fantastic lady who has recently passed away due to Covid (as confirmed by her neighbour).

I am not sure what we are supposed to do, we don’t have a written contract just a verbal agreement, she said she would get around to making one but as is the Spanish day why do today what you can put off until 2 years feom now, also I have recorded bank transfers for “Aquilar” to her account. The standing order is still in place, but what do we do? This months rent has already been transferred, and as we have been told by her, there are no children or partners, and home is fully paid off with the bank.

We are looking for another place just in case, because it now feels like we’ve become inadvertent squatters(??!).

Do we notify the ayuntamiento or police about this property?
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Old Apr 24th 2021, 1:51 pm
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Default Re: Landlady has passed away with no next of kin

I would keep paying the rent and wait until someone contacts you
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Old Apr 24th 2021, 2:57 pm
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Default Re: Landlady has passed away with no next of kin

Originally Posted by missile View Post
I would keep paying the rent and wait until someone contacts you
you never know you just might get te house at a knock down price?
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Old Apr 24th 2021, 3:04 pm
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Default Re: Landlady has passed away with no next of kin

Originally Posted by breakfasttea View Post
Hi all!

I live with my wife and 21month old son renting a property for the last 2 years from a (now late) fantastic lady who has recently passed away due to Covid (as confirmed by her neighbour).

I am not sure what we are supposed to do, we don’t have a written contract just a verbal agreement, she said she would get around to making one but as is the Spanish day why do today what you can put off until 2 years feom now, also I have recorded bank transfers for “Aquilar” to her account. The standing order is still in place, but what do we do? This months rent has already been transferred, and as we have been told by her, there are no children or partners, and home is fully paid off with the bank.

We are looking for another place just in case, because it now feels like we’ve become inadvertent squatters(??!).

Do we notify the ayuntamiento or police about this property?
If it's anything like in France, her bank account will be frozen and future transfers won't be accepted.
She may be childless, but might have siblings/cousins, etc.... I would contact her Notario and find out whether she made a Will and how to contact the heir(s), and then propose signing a new Rental Agreement with them while they decide what to do with the property. Worst-case scenario would be an heir wishing to live in the property, and it would probably be best to look elsewhere as from now....
HTH
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Old Apr 24th 2021, 9:08 pm
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Default Re: Landlady has passed away with no next of kin

Hola,

Why not pop into a solicitors office and get the correct information? It won't cost a lot and you will sleep better

Davexf
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Old Apr 25th 2021, 7:23 am
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Default Re: Landlady has passed away with no next of kin

Originally Posted by Dxf View Post
Hola,

Why not pop into a solicitors office and get the correct information? It won't cost a lot and you will sleep better

Davexf
("solicitor" in the sense of Notario...)
Under French Law the tenants can continue to occupy the property of the deceased up to the end of the lease, presumably the rent being paid into the "Succession". But since the OP hasn't got a written lease, they must deal with that ASAP and contact the deceased's Notario to find out who the heirs are (if any) and get the details of the Estate's Bank Account (in France I believe the Notario would keep the rents in escrow).
Only a Notario, specialist in Wills and Conveyancing, and preferably the one who dealt with the original inheritance/sale of the property and with the deceased's Will, will give the OP the correct information for Spain.
Good luck to the OP, esp. if the bureaucracy involved is like the French...
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Old Apr 25th 2021, 8:49 am
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Default Re: Landlady has passed away with no next of kin

Without a contract not sure you have any rights? - agree with Dxf suggest you take legal advice ASAP.
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Old Apr 25th 2021, 2:49 pm
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Default Re: Landlady has passed away with no next of kin

Originally Posted by spainrico View Post
Without a contract not sure you have any rights? - agree with Dxf suggest you take legal advice ASAP.
a blind eye is turned to squatting, it's unlikely there will be a knock on the door.
A friend of mine had a rental contract from a letting agent. She paid rent until the bank rejected the payment until the account holder brought ID, which didn't happen.

That was a couple of years ago. There was a demand for unpaid suma that came to the address a couple of years ago which she paid, with no questions asked.

They are still in the property. Apparently if the family come to reclamation the property, they will have to re-emburse her for the expenses she has paid, community charge directly to the president , suma and repairs.

How much longer this will continue is anybodies guess.
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Old Apr 26th 2021, 4:00 pm
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Default Re: Landlady has passed away with no next of kin

Originally Posted by dmu View Post
("solicitor" in the sense of Notario...)
Under French Law the tenants can continue to occupy the property of the deceased up to the end of the lease, presumably the rent being paid into the "Succession". But since the OP hasn't got a written lease, they must deal with that ASAP and contact the deceased's Notario to find out who the heirs are (if any) and get the details of the Estate's Bank Account (in France I believe the Notario would keep the rents in escrow).
Only a Notario, specialist in Wills and Conveyancing, and preferably the one who dealt with the original inheritance/sale of the property and with the deceased's Will, will give the OP the correct information for Spain.
Good luck to the OP, esp. if the bureaucracy involved is like the French...
Have I missed something? Why French law?

In Spain, it's the solicitor you need to talk to not a notary
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Old Apr 26th 2021, 4:20 pm
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Default Re: Landlady has passed away with no next of kin

If you want details of a will in Spain, it’s the Notary.
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Old Apr 27th 2021, 7:00 am
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Default Re: Landlady has passed away with no next of kin

Originally Posted by snikpoh View Post
Have I missed something? Why French law?

In Spain, it's the solicitor you need to talk to not a notary
Translation issue. The English concept of "solicitor" doesn't exist in Continental countries under Roman/Napoleonic Laws and I was giving the example of French Laws, believing it was the same in Spain and knowing that I'd be corrected if I was wrong.
It seems that I was right, since the OP has been advised by Fred James to consult a Notario, the lawman specialist in Wills and Conveyancing.
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Old Apr 27th 2021, 8:20 am
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Default Re: Landlady has passed away with no next of kin

Originally Posted by Fred James View Post
If you want details of a will in Spain, it’s the Notary.
I agree, but don't see that it's anything to do with the non-existance of a will.
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Old Apr 27th 2021, 1:28 pm
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Default Re: Landlady has passed away with no next of kin

Originally Posted by snikpoh View Post
I agree, but don't see that it's anything to do with the non-existance of a will.
The notario who dealt with the origin of the landlady's property (inherited, purchased.....) would probably be best placed to know whether she made a Will or not. It's in the OP's interest to know, and to be aware of the risk of an heir nominated in a Will suddenly turning up on the doorstep to throw them out. In fact, the landlady's siblings, their children, cousins, ...could do the same, claiming inheritance if she died intestate.
As the OP thought in #1, it would probably be best to look elsewhere as from now, esp. with a toddler in tow....
All the best to the family!
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Old Apr 27th 2021, 8:38 pm
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Default Re: Landlady has passed away with no next of kin

Originally Posted by dmu View Post
The notario who dealt with the origin of the landlady's property (inherited, purchased.....) would probably be best placed to know whether she made a Will or not. It's in the OP's interest to know, and to be aware of the risk of an heir nominated in a Will suddenly turning up on the doorstep to throw them out. In fact, the landlady's siblings, their children, cousins, ...could do the same, claiming inheritance if she died intestate.
As the OP thought in #1, it would probably be best to look elsewhere as from now, esp. with a toddler in tow....
All the best to the family!
I fail to see how anyone, owner or otherwise could legally "throw them out", without first obtaining a court order and going through the rigmarole that entails. These things as others have experienced are not quick to say the least.
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Old Apr 28th 2021, 7:24 am
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Default Re: Landlady has passed away with no next of kin

Originally Posted by jonboy View Post
I fail to see how anyone, owner or otherwise could legally "throw them out", without first obtaining a court order and going through the rigmarole that entails. These things as others have experienced are not quick to say the least.
I didn't mean literally throw them out on the spot! But warn them of the legal consequences if they remain. It would be a worst-case scenario which the OP should be aware of if they've no idea who the property now belongs to (so that they can negotiate a lease, for example). Not a comfortable situation....
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