February 23, 2006 at 4:42 pm #51595
I have lived in CDS for 3 years without any mishaps except for a ‘fake gas man’. I shall be coming back at the end of this year but this time renting long term instead of buying again. What about the locks on rental properties. I don’t suppose it is possible to change the lock to stop a break in, is it?
February 23, 2006 at 6:47 pm #61088
You have no right to change the locks in a rented property, no. However, as long as you trust the landlord and if you’re willing to pay for the new locks and give him a key there’s usually no problem. Get his permission in writing before you do it, though.
February 24, 2006 at 11:38 pm #61111
@Bert Preast wrote:
You have no right to change the locks in a rented property, no.
I disagree, replacing the locks in a long term rented property it’s not forbidden by Spanish law as it is not considered ‘works’ made in the property. So, unless specifically stated in your contract, go on, it’s simply common sense. (who knows how many people, including former tenants, can have a valid copy of your keys)
Under Spanish law the landlord has no right whatsoever to access the property when rented so, what/why will he want the keys for?
Of course there are two limits. You have to install a lock compatible with the door you have (you cannot damage nor modify the door) and you have to keep the old lock as you will have to give the property back in the same condition you received it at the end of the rental period.
I can tell you I used to live in rented houses myself some years ago and changing locks was always the first thing to do…
February 25, 2006 at 1:09 pm #61114
When I was renting and wanted to change the locks I was advised by my lawyer that I could do so only with written permission from the landlord. I was told the landlord had no rights to enter, but neither did I have the right to deny him entry permenantly to his own property. If he should enter without permission I would retain the right to throw him through the window, but as he had made no efforts to enter without permission I had no grounds to change the locks.
This is going back about 6 years, and the reason I wanted to change the locks was as I had stopped paying rent due to the landlord’s failure to provide us with promised keys to the garage (I had discovered from the community that he had no keys because he had no parking space) and his repeated failures to sort out some major problems with the plumbing. I don’t know if that makes a difference?
February 25, 2006 at 1:36 pm #61115
I’m afraid the information you were given was a little misleading…
I comfirm my opinion. It is not forbiden to change the locks in a long term (not seasonal) rented house if you don’t damage nor modify the door and give back the property at the end of the agreed period with the original locks…
The Landlord has no right to enter in the rented property and yo DO have the right to deny his access permanently during the agreed rental period… (even if he knows you are making unauthorised works or you refuse to pay the rent, etc… he has to go to court to evict you)
Under Spanish law he is the proprietor but you are the resident and residence is strongly protected by law.
In the other hand you cannot stop paying the rent no matter his failure to sort the problems, you have to make your demmands in an other way.
One of my partners specialices in rental law, in her 15 year experience has not seen any case of claim related to lock-changing (wich is a common and accepted practice). But we have dealt with a couple of cases related to unauthorised entries in rented properties by the owners treated as a criminal offense (illegal trespassing)
February 27, 2006 at 10:13 am #61134
Perhaps my lawyer thought it might weaken my case? Or, more likely, he was just wrong. 😀
I didn’t stop paying the rent – I stopped paying the rent to the landlord and paid it instead to my lawyer’s client account as he said this would also strengthen my case, showing that I COULD pay the rent and was willing to do so if the problems were resolved. Was that just the lawyer wanting a bit of extra interest on my money, too?!
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