hayley1109

Hello,
I am currently renting a house on the South Costa Blanca, with my husband and 3 small children. We stupidly agreed to rent the house from a "friend" and no formal contract was drawn up. Only a verbal agreement was made.
I have paid my rent every month, and all my utility bills are currently paid up to date.
My landlady sent me a text message saying that she was giving me 1 months notice to leave, due a disagreement.
Can anyone tell me what my legal rights are please?
We do have documented proof, of bank transfers, to show that the rent and utilities have been paid into her account.
She didnt want us to set up a Direct Debit for the rent each month, as she does not declare that she is renting her property in Spain.

Please help.

Many Thanks and Kind Regards

Hayley

lynnxa

even without a contract you have full tenants rights

however, if you pay your rent monthly a month notice is usual

hayley1109

Thanks for that can I dispute it as we have done nothing wrong

lynnxa

probably not........ although, how long have you lived there?

it's complicated

if the property is your home, then as long as you are paying r¡the rent etc. you are supposed to be able to stay there unless the owner or their immediate family wish to move in

in all honesty you should see an abogado

Domino

find yourself another place quickly, get the hell out of there as soon as.

someone else here, or an abogado, may be able to confirm that an agreement is an agreement and as such should be treated as being a formal let under all the rules

at the end of the year ensure you claim rent against income tax, the taxman will have a hissy fit as the property isnt registered and won't immediately give you the tax relief - but will be chasing your now ex "friend" who did you so many favours (you thought) for the income tax on the rent they have been receiving

you won't even have to fill in a denuncia

lynnxa

I'd agree - once they want you out you might just as well go - whatever the law says

hayley1109

No only been here 3 months but problem is its August I have three young kids and no where is available for a while. Any idea what would happen if we refused to leave but carried on paying our bills and rent, we have been in Spain 12 yers now and always payed our taxes, where as she is non resident and renting the house on the black !

hayley1109

We had agreed to rent it until January 2013, so i would have thought that this would still be the case. Surely she cant make a family homeless at such short notice, with no where else to rent? I´ll go see an Abogado just to see where the land lies.
Thanks for the advice! Ive always owned my own property in Spain, but recently sold it, so when it comes to renting, im just not 100% sure! I dont think i´ll rent again, thats for sure!

lynnxa

sorry - I edited the year bit out, that's a bit of a red herring in a way

if you've only been there 3 months I'd just start looking ASAP - you ought to be able to get somewhere from September - or October at the latest

tell her you'll go as soon as you can get somewhere

If you keep paying the bills you won't be evicted - even if she were to take you to court - which these days can happen pretty quickly - but let's face it, if she's not declaring it she won't..........you wouldn't be evicted


legally you're on solid ground - but is it worth the hassle?
I'd just find somewher asap & write it off as a bad experience..... & probably do what Domino said

hayley1109

Thanks for that, how long would it take to go to court any idea? I know what your saying about finding somewhere but its not easy here as my 4 year old is in the local school here and we need to be close buy unfortunatly rentals dont come up that easy here, the worse thing is it started over 5 euros, I just got a mail of her saying she is bringing new prospective tennents around next week and we are to let them in !!

Domino

Hayley, we had a case here several months ago where a Brit had let to a Spanish family that turned out to be a nightmare and were trashing the place (IIRC). However, due to the Spanish letting laws he couldnt get them out, they werent paying the rent, nor any utilities and it was costing him a fortune.

I am not saying you are in that category - just remember that whether or not the let has been Black, White or Sky Blue Pink it is still a let and you have rights, especially if the landlord is not even resident in the country.
They will have to accept any delays you have in getting out, sorting out kids, etc etc.
I am sure that you will find the Spanish Tenancy Laws on your side, more so if it is a non- resident not reporting - which is why I suggested you ensure you claim for your rent against your income tax at the end of the yea, which is a quirk many exbrits don't know about.

an initial €100 to an abogado may well be money well spent at the end of all this.

rgds

hayley1109

Thanks for that Domino, sometimes I wish I was a bit harder and said " well up yours Im not paying any more rent or bills and Im going to save myself a couple of grand" but thats not us ! we have never rented before always owned and we only renting this as we are stuck here before we move back to Mallorca in January what a bloody nightmare, Oh well you learn.....

tommy.irene

Girl here stopped paying rent ..it took a year and a court order to get her out . You have rights, do not move ,keep paying rent and tell the landlady to take you to court, she will soon back down, the court will be on your side as its your home.. Get legal advice.. Goodluck dont move..stay till Janurary..

HBG

Don't panic about the lack of rentals during the madness of August, in four weeks time we'll be back to normal.

Spanish courts will not eject a family with young children, but it's unpleasant to live with such a fear. In the south of the Alicante province where I live there is no shortage of rental properties, usually with contracts and all legal, and fairly cheap too.

dairymaid

If you look at it from the point of view of the landlord and they came on this forum asking for advice about a tenant with whom they have no written agreement and who is paying their rent, utlities etc.

The advice would be ´you´re a fool for not having a written agreement. There is nothing you can do if they are paying the various bills. If you´re not declaring the income you´re on very thin ice. Your only recourse is the courts which is a lengthy and often expensive route with no guarantee that the tenants´right to stay isn´t upheld, especially where children are attending local schools. etc. etc.´

I would politely tell the landlady that you will

(a) be going nowhere until January
or
(b) will leave as soon as you have found a suitable property