Tenants rights

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This topic contains 5 replies, has 3 voices, and was last updated by Profile photo of Anonymous Anonymous 3 years, 4 months ago.

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  • #57715
    Profile photo of Anonymous
    Anonymous
    Participant

    We are renting a furnished apartment in the Costa del Sol. We have been here since begin. of June
    We have been advised by our landlords agents that his financial circumstances have changed. He is Argentinian and as such can no longer get money in and out of the country?!
    Anyway, we have now been told that we must pay up front for any maintenance / repairs / replacement items and then we can deduct this from our rent.
    The fridge freezer is old and is now broken. We have been told we must pay €439 in cash to the delivery men on Friday when they bring a replacement fridge freezer.
    We have just paid our rent so we would be ‘out of pocket’ by €439 for one month.
    We pay €1000 per month rent. The same apt in our building is €850 per month.
    So to try and come to a compromise I suggested we reduce our rent to €850 and we would keep a cash float of €150 in our apartment for repairs.
    The agent would not accept this.
    Is this the norm’ in Spain?
    Any help or advice would be much appreciated.

  • #117720
    Profile photo of Anonymous
    Anonymous
    Participant

    cAccording to the Act 29/1994, Urban Leases,the obligation to take care of repairs is of the landlord although other conditions can be agreed, if you agreed to pay upfront and then deduct the cost of rent is a covenant between the two and must comply.
    But it was an imposition by the landlord, then you do not have to comply, as it can not be a unilateral modification of a contract. Now, you risk that the owner later to give the repairs until you enter the monthly payment.
    In this situation you can break the contract, but I think the best in this situation is to pressure the owner’s agent and tell him the change owner’s financial circumstances is not your problem, and either pays for repairs when needed, or maybe your financial circumstances change and pay the rent with a month late. That would he accept?
    Do not be intimidated by the agents, it might all be a thing of the agent to avoid hassles with repairs and expense transfers. Take advantage of the economic situation does not allow owners to tread too many demands.
    In Spain this point is no different to other countries, for example in the UK I also have had very bad experiences with real estate agents and more people know that too, so as I’ve also had good experiences in the UK and know people who have had good experiences in Spain.
    I hope it helps

  • #117737
    Profile photo of Fuengi (Andrew)
    Fuengi (Andrew)
    Participant

    @benal68 wrote:

    We are renting a furnished apartment in the Costa del Sol. We have been here since begin. of June
    We have been advised by our landlords agents that his financial circumstances have changed. He is Argentinian and as such can no longer get money in and out of the country?!
    Anyway, we have now been told that we must pay up front for any maintenance / repairs / replacement items and then we can deduct this from our rent.
    The fridge freezer is old and is now broken. We have been told we must pay €439 in cash to the delivery men on Friday when they bring a replacement fridge freezer.
    We have just paid our rent so we would be ‘out of pocket’ by €439 for one month.
    We pay €1000 per month rent. The same apt in our building is €850 per month.
    So to try and come to a compromise I suggested we reduce our rent to €850 and we would keep a cash float of €150 in our apartment for repairs.
    The agent would not accept this.
    Is this the norm’ in Spain?
    Any help or advice would be much appreciated.

    let’s be realistic. if the owner cannot afford to get it fixed (let’s assume for a moment that its true), not having a working fridge/freezer is going to affect you more than the landlord. IF you decide to pay to get the fridge fixed/pay for repairs, have it put in writing.
    I would also suggest taking into account, that if the landlord is having these issues, is he still paying his mortgage, etc….? Is he maybe trying to sell the property as well?

    this article of Marks might be of interest

    New Measures to Bolster Spain’s Ailing Rental Market

  • #117740
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi, I’m realistic, he did not tell that the landlord can’t afford it. He said that as the landlord is “Argentinian and as such can no longer get money in and out of the country” situation that I can’t understand, because there is no problem between Spain and Argentina, and if the money is going out( the rent) why cannot go in?

    Of course now he has to pay, because it affects him, not the landlord, but what I suggest is to speak with the agent and fix the situation to avoid more problems.

    If the Landlord is trying to sell the property and they signed the contract before 5th of June, the new Amendment of the Law does not affect them as this Law States in the “First Transitional Provision”:

    “The leases entered into prior to the entry into force of this Act, continue to be governed by the provisions of the legal regime was applicable to them.”

    So the new owner should continue with the tenants.

  • #117743
    Profile photo of Fuengi (Andrew)
    Fuengi (Andrew)
    Participant

    @dalorgar
    my answer was for Benal6, that’s why I quoted him. But since you wrote to me I will respond with some thoughts:

    @dalorgar wrote:

    Hi, I’m realistic, he did not tell that the landlord can’t afford it. He said that as the landlord is “Argentinian and as such can no longer get money in and out of the country” situation that I can’t understand, because there is no problem between Spain and Argentina, and if the money is going out( the rent) why cannot go in?

    Based on the opening post, I would assume that the vendor keeps the money in Spain to pay mortgage, etc… That is why he needs to transfer the from argentina for additionals. Either way even if the landlord is lying, Benal68 is the one is currently has a broken fridge/freezer.

    @dalorgar wrote:

    Of course now he has to pay, because it affects him, not the landlord, but what I suggest is to speak with the agent and fix the situation to avoid more problems.

    Agreed.

    @dalorgar wrote:

    If the Landlord is trying to sell the property and they signed the contract before 5th of June, the new Amendment of the Law does not affect them as this Law States in the “First Transitional Provision”:

    “The leases entered into prior to the entry into force of this Act, continue to be governed by the provisions of the legal regime was applicable to them.”

    So the new owner should continue with the tenants.

    What contract? we’ve only be told that Benal68 is renting a property. Like you I would assume there is a nice legally binding contract, but just as likely (until told otherwise) this is all verbal. So many rentals down here are done badly by either the landlords or the agents in question.

  • #117745
    Profile photo of Anonymous
    Anonymous
    Participant

    ]@fuengi wrote:

    my answer was for Benal6, that’s why I quoted him. But since you wrote to me I will respond with some thoughts:

    Hi Fuengi, sorry but I assumed that you were writing to me too because of this:
    @fuengi wrote:

    let’s be realistic. if the owner cannot afford to get it fixed (let’s assume for a moment that its true),

    And I was the only one who doubt about it. But sorry it I bothered you. Anyway I think we can help having conversations not isolated anwers.

    On the other hand, of course, my answer was based there is acontract, if this is not the case, don’t follow my advice, please.

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