2 month notice by landlord, 5 months into a 11 month agreement

hope that you can offer advise on this matter, we spoke to an agent Oct last year and said that we would like a beachside apartment for the Summer April/May for 11 months he advised us to look now as come April they would be gone or summer lets only I advised that we had secured a 4yrs contract on our own home so was looking for long term, he had a apartment available and said it didn't have a lot of furniture as we where looking for unfurnished, Alan explained that there was a large store room and anything not required could be stared in there, the store room did smell a bit foisty but the room had been closed up for some time and I understood that there had been some damp problems the previous winter but this had now been resolved, we suggested drilling some holes to allow for more venterlation Alan said he would put this to the owners, I went with Alan to do the inventory for the property, on arriving the cupboards were full of food the fridge had food and drink, the freezer was full wardrobes with clothes still in bathroom with there toiletries, Alan asked that I go through all the cupboards and put to one side all that I didn't want he offered me 40 euros for sorting out and moving to store and cleaning Alan returned later to let me out and lock up I asked about the locked wardrobe and garage fob Alan advised that he would sort this out with the owners.
We signed the contract on 22nd Oct 2010 and paid 1 months rent ( 1200 euros ) and 2 months security ( 2400 euros ) we were still owed 80 euros so Alan told us to knock it off the next months rent, rent was due 22nd Nov David my partner tried to pay through our Santander uk bank account, he was advised that this could not be done, and that we would need to open a Santander spanish account David open a account with Santander spain on 1st Dec he would need to go back in a weeks time when the account would be set up, we transferred rent monies from our uk account to the Spanish one, we had to travel back to the Uk 7 Dec 2010 as I needed to go for surgery, we tried to pay the rent trough our spanish Santander account but was unable to do so without going into branch to sign as we were not set up for internet banking rent became due again 22nd Dec but again there was nothing I could do as we were still in the uk and unable to transfer funds, we received a call from our landlords on 17th Jan 2011 we explained to them what had happened and they gave us there uk bank details, we agreed to pay £1500 on the 18th Jan and £500 on 30th Jan and the balance on our return to spain when we could access our spanish account, we paid £1500 on the 18th Jan and also £1500 on 30th Jan total of £3000 bringing us up to Date, next rent due was 22nd Feb this was paid to landlords uk account £1063.04 25th Feb rent was again due on 22nd March again I was in the uk having just had surgery, I was due to return on the 25th but due to complications and further surgery needed I could not fly, I returned to Spain on the 7th April and transferred rent less 80 euros for cleaning and fob and the landlords part of the electric bill which was still owed to us, as far as I was aware everything was now settled, we received an email from our landlords 12 April saying that they was giving us 2 months notice and that rent monies had not been received, I contacted the agents and spoke to Lionel the manager as Alan has since left, he said that he had spoken to our landlords and they were not easy people, they are not happy that there belongings were being stored in the store room, I explained that this had been agreed prior to us taking the tenancy and that the tenancy was for 11 months to 21st Sept 2011, I was not aware that this could be terminated by either party prior to this date, that we had breeched our agreement by paying late and that there is a clause in the contract that states if we dont vacate on termination of the lease we would be liable to pay compensation at 350 euros per day the landlord has asked the agent to increase this but the agent advised that he couldn't, our landlords then advised the agent that they have never signed a contract he asked to see our copy of the contract, and confirmed that this had only been signed by ourselves and not the landlords, the agents have advised us to vacate.
Do we have any rights ? is the 2 months notice valid from which date 12 April it was sent/received or 22nd April next due rent date, do we have a contract or not signed by us but not the landlords, would we be liable for any damage to landlords personal items stored in the store room we have 2400 euro damage deposit we have paid all utility bill including 219.02 euros owed by our landlords as our eletricity was disconected due to non payment from our landlords account, rent was again due 22nd April which I have not paid as I have no idea where I stand with this tenancy.

Hello fmbd123,

Welcome to the belegal forum.

As per the description of the facts that you have sent us, we understand that the landlord is not acting properly and in fact, there are actions contrary to law. You have the right to continue in the rented property until the date that the rental agreement establishes. These are the main issues:

- The fact that the rental contract is only signed by one party does not turn it into void as it is signed by you and there is actually a rental going on because you are living in the property and have been paying the rent amount into an account ( and this can be proved through bank statements).

- Personal belongings of the landlords being stored in the store room: Once they have been informed of the location of these, it is the landlords´ responsibility to go and collect them or otherwise, if being left there, they will be responsible for any damage on them ( damp, etc ).

- Claimed amounts: As we understand that you can prove payment of these, the landlords are wrong. Furthermore, the landlords are responsible for any damage, harm, disruption, loss and costs caused by the supplies being cut off.

As legal proceedings are generally slow in Spain, you can remain calm, because in the event the landlords want to start an eviction process against you, the same would not be ended before the date when you must vacate the property according to the contract, that is the 21st of September 2011. In any case, if you act properly and continue paying your rent into the bank account that the landlords indicated, you will have the right to claim back the deposit paid at the beginning of the contract, once the same is resolved.

If you wish to receive legal assistanse in this matter, please feel free to contact us at info@lawbird.com.

Best Regards,