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Unregistered
08-17-2012, 08:52 PM
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

Patricia
09-17-2012, 10:25 AM
Dear Hayley,

According to the current Law of Urban rentals, a rental situation can be proven even if there is not a written contract that has been signed, regarded as a tacit agreement. This is possible if you can show evidence of bank transfers for the rental payment and also show electricity and water invoices as well as have declared testimonials from neighbors that confirm you are living in the rented property. Those, among others, are accepted documents by law to prove a rental situation. Once this is proven you are in your full right to stay up to 5 years in the long term rented property as long as you make payment of the rent. If there is no written end of rental contract date, your landlord cannot start an eviction process for the following five years; unless they had put in writing they could to repossess the home as permanent family home for them or direct relatives or as a result of a divorce process. This information can be checked in article 9.1 of the current of Law of Urban rentals (http://noticias.juridicas.com/base_datos/Privado/l29-1994.t2.html#a7)( LAU ).

If your landlords still persisted in asking you to leave or changed the lock of the apartment, you can take the necessary legal actions and report them to the authorities.

Please feel free to read the following articles by one if our lawyers about tenant eviction process, that may be of your interest:

http://belegal.com/wordpress/category/spanish-rentals/

http://belegal.com/articles/showArticle/spain-tenant-not-paying-rent-spanish-property


If you wish to look deeper into the matter, you can contact me by e-mail after clicking on my profile.

Regards,