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Thread: NEEDED*NOW - breaking a lease period 1 month earlier due to NOISE from renovations!

  1. #1
    Junior Member
    Join Date
    Mar 2012
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    10

    Default NEEDED*NOW - breaking a lease period 1 month earlier due to NOISE from renovations!

    Hi there

    I want to ask, we are a couple, we rented a bungalow in Gran canaria via the Real estate agency - which provided us all formalities regarding the movin in (contract etc... our contract was signed for period of 6 months... we paid 1month deposit (€600 and also €600 to agency as their comission ..) all seemed good, bungalow seemed ok until one month have passed, and some huge renovation have taken a place in a bungalow just next to us (they are detached - so you can hear eveyrthin... hammering, hammer-drilling, chopping and everythin was happenening every day during week, since early morning till afternoon (you can understand people come here to have holidays, not to listen to constructions... we spoke with our real estate agent (as the owner dont speak english - and we dont speak spanish) and he contacted the neighbours about that - so they were starting not in the morning, but later about 12 noon... though after 3 months of that they finished and another renovation took place in bungalow just behind us (the same thing - hammering, drillin etc - you can here walls shakin just like before... we contacted the real estate agency again (been a month so far) and they advised to speak with the neighbours - though I said that I will not be talkin to some hired guys about that as they are paid for it and its the duty of our owner who rented us this bungalow... but apparently nobody cared since that... now it has been about 4 months and some week and we were offered a nice house in a very quiet area - with no neighbours etc... I contacted our real estate agency if there is somebody who would take our place here instead of us, and that I would like to move out after the period of 5 months - so its 1 month earlier - due to that noises that were here since we moved in (I even have a record on camcorder which I sent to them in HD format..( you realy coudlnt hear your voice or even stay in here... )
    Though the agency told us, that after they find someone, they will let us know...

    Now, I understand that its probably not a typical case of movin out earlier - but this bungalow is simply not for living as you cant stay in bedroom till later due to that refurbishing...

    can somebody tell me, what rights do we have?? Do the owner have the right to forfeit the deposit? or not? I honestly am not sure if there is some sentence in the contract as its in spanish - about leaving earlier etc - but this situation and circumstances - isnt the law on my side and I simply can move out earlier without loosin deposit etc..??? I should be speakin with the owner tonight, so I would like to know what can I say or not...

    EDIT: btw we gave the notice almost 2 motnhs in advance of ending the contract period (that we wnat to leave after 5months) ...all rent paid as should be etc never paid late etc .. though I have some concern that it wont be easy to find someone here as there are another bungalows of the similiar quality in this location for much less (its a" bungalow club" - we were kinda fooled by the price...

    Please let me know As soon as you can somebody

    Kind regards
    Evelyn
    Last edited by evelyn; 05-04-2012 at 05:38 PM.

  2. #2

    Default

    Hello Evelyn,

    Before I reply your message, I would be very grateful if you could let me know if you finally had that meeting with the owner and what was the outcome, and then I will offer advice based on that.

    Initially, deposits can be kept by the landlord based on breach of contract, that is, vacating the property before the contracted time, however, and obviously, the rental contract needs to be checked before confirming this.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

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