Next hurdle!!

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Old Mar 21st 2012, 9:40 am
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Default Next hurdle!!

Hi all

My daughter is just about to sign a rental contract for an apartment are there any pitfalls we should know about such as electric etc?

Thanks
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Old Mar 21st 2012, 11:19 am
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Default Re: Next hurdle!!

Originally Posted by romeopppxxx
Hi all

My daughter is just about to sign a rental contract for an apartment are there any pitfalls we should know about such as electric etc?

Thanks
make sure the contract is in Spanish & that she gets an independent translation if she doesn't speak Spanish - NEVER rely on the estate agent translation

if there's anything she doesn't like in the contract then she shouldn't sign it - just as she wouldn't in the UK
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Old Mar 21st 2012, 11:25 am
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Default Re: Next hurdle!!

Thanks, why does it need to be in Spanish?
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Old Mar 21st 2012, 11:29 am
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Default Re: Next hurdle!!

Originally Posted by romeopppxxx
Thanks, why does it need to be in Spanish?
Because this is ...Spain?
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Old Mar 21st 2012, 11:48 am
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Default Re: Next hurdle!!

Originally Posted by romeopppxxx
Thanks, why does it need to be in Spanish?
as amideislas said - this is spain

it's not legal if it isn't in Spanish
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Old Mar 21st 2012, 11:54 am
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Default Re: Next hurdle!!

haha sorry!!!
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Old Mar 21st 2012, 12:03 pm
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Default Re: Next hurdle!!

Be sure that the contract states;
  • Notice terms for both parties
  • Details of how to get deposit back
  • Who pays bills (gas, electric, water, IBI, basura etc...)
  • Details of landlord and/or agent

and much more I'm sure.
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Old Mar 21st 2012, 12:09 pm
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Default Re: Next hurdle!!

thanks snikpoh
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Old Mar 21st 2012, 12:19 pm
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Default Re: Next hurdle!!

Originally Posted by lynnxa
as amideislas said - this is spain

it's not legal if it isn't in Spanish
In expat areas, many offer contracts which are written BOTH in Spanish and English (although only the Spanish one possesses all the legal weight).

Always best to have someone who is in your employ to ensure your understanding reflects what is written in the contract - NOT the property agent - who only can gain from your signing, but has absolutely none of the responsibility if what you signed wasn't what you thought, even if they lie to you.

By the way, some will try to get you to pay IBI (property taxes). If it's in the contract, it's technically legal and binding, but in court, most judges will seriously question whether it's fair or warranted, and will normally rule in favour of the tenant.

But to keep things clear, if they want you to pay IBI, you can probably refuse and ask it to be stricken from the contract without too much damage to the relationship. It's really not normal for you to pay your owner's property taxes. But your biggest risk is that if the government later decides to raise property taxes (likely), then you end up with the extra unplanned costs...

Good luck...

Last edited by amideislas; Mar 21st 2012 at 12:23 pm.
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Old Mar 21st 2012, 12:33 pm
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Default Re: Next hurdle!!

thanks thats really useful to know
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Old Mar 21st 2012, 12:34 pm
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Default Re: Next hurdle!!

Originally Posted by amideislas
In expat areas, many offer contracts which are written BOTH in Spanish and English (although only the Spanish one possesses all the legal weight).

Always best to have someone who is in your employ to ensure your understanding reflects what is written in the contract - NOT the property agent - who only can gain from your signing, but has absolutely none of the responsibility if what you signed wasn't what you thought, even if they lie to you.

By the way, some will try to get you to pay IBI (property taxes). If it's in the contract, it's technically legal and binding, but in court, most judges will seriously question whether it's fair or warranted, and will normally rule in favour of the tenant.

But to keep things clear, if they want you to pay IBI, you can probably refuse and ask it to be stricken from the contract without too much damage to the relationship. It's really not normal for you to pay your owner's property taxes. But your biggest risk is that if the government later decides to raise property taxes (likely), then you end up with the extra unplanned costs...

Good luck...
yes, usually the contracts around here are in English too - but very often the translation bear so little resemblance to the Spanish original that it might as well be a different contract

I've seen some which actually say the opposite of the Spanish version on somme points........... which is why I said to get an independent translation & not rely on the agent's translation
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Old Mar 21st 2012, 2:47 pm
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Default Re: Next hurdle!!

Originally Posted by snikpoh
Be sure that the contract states;
  • Who pays bills (gas, electric, water, IBI, basura etc...)
The last one I signed had electricity included even though there was no meter
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Old Mar 21st 2012, 2:59 pm
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Default Re: Next hurdle!!

Originally Posted by Fredbargate
The last one I signed had electricity included even though there was no meter
Well, why not get everything you can from those naive newbies? Might as well toss in the neighbour's power, water, and IBI, too!

I'll split it with you.

Last edited by amideislas; Mar 21st 2012 at 3:20 pm.
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Old Mar 21st 2012, 3:13 pm
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Default Re: Next hurdle!!

Originally Posted by lynnxa
yes, usually the contracts around here are in English too - but very often the translation bear so little resemblance to the Spanish original that it might as well be a different contract

I've seen some which actually say the opposite of the Spanish version on somme points........... which is why I said to get an independent translation & not rely on the agent's translation
jeez my typing's bad today
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Old Mar 21st 2012, 10:42 pm
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Default Re: Next hurdle!!

Ensure you know just who to contact in the case of an emergency, like a water leak, or if, for some reason your electric or water gets turned off. When we rented in Spain usually we had to pay the electric and water but never the tax, or if it was on an urbanisation, the urbanisation fees.
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