June 29, 2017 at 10:50 pm #213657
I was renting an apartment in Spain, Alicante. We made an oral contract with a landlord and I paid in cash for the apartment, also we agreed that in the rental price cleaning fee is included. Landlord didn’t mention about any contract, cause he left the country next day, I just gave him my phone number and name if he would want to contact me. Nobody came to check the apartment on moving out day. After to months, when I left Spain, I received a letter from the landlord and he is asking to pay 1300e, cause when the housekeeper came the apartment was really messy, also he add some photos, that you can see only a mess in the apartment, but no damage, he is telling if I wont pay this in the next 2 weeks, he is going to suit us.
Is there any chance for him, to do something about this ? If there is not damage only a mess in the apartment, and there wasnt any contract singned.
July 4, 2017 at 12:24 pm #213710
Yolanda P. – Ypama AbogadosParticipant
The problem with oral contracts is to provide evidence of what was agreed. But it is a problem for both parties.
As you are saying “after two months” I assume that it was a short-term contract and I assume that the apartment was in an urban area. These contracts are regulated by the contract, and not by the LAU (Urban Rental Act).
So, if the landlord claims that cleaning was not included in the contract, he will need to provide evidence of that. Also, he needs to provide evidence of the expense he is claiming (a proper invoice with VAT).
So, I would answer the landlord – by registered letter/email – telling him just that: cleaning was included; cleaning would never get to that amount; he needs to send a copy of the invoice.
If the landlord insists and send a copy of an invoice, then I would hire a Spanish lawyer to assist you.
Bear in mind that if the landlord takes you to court, you will have to come to Spain for the trial and just this could be more expensive than hiring a lawyer from the beginning.
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