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Smokes
02-12-2009, 10:17 PM
Hi and thank you for taking the time to read this thread.

We moved into a rental apartment in Mallorca on 11th December2008 and agreed a monthly rent with a months deposit paid up front.

We discussed with the landlord that for the first few months we would be paying rent a bit at a time as and when certain pensions from the Uk were paid. We were to receive a standard contract and the landlord agreed that we would be able to stay for 2-3 years.

We never received the contract.

Due to the downturn of Sterling against the Euro, we are receiving a lot less money and this was explained to the landlord, but we still paid what we had when we could. The landlord has been ringing at least twice a week asking whats happening and the same is always explained to him the money is coming bit by bit but we will catch up.

As it stands we have paid Januarys rent and we're awaiting to pay February's at the end of February at the latest.

Tuesday 10th February was the date we paid up for january and the landlord again rang to check the money was paid in. The same day he sent us a letter giving us 7 days to vacate the property.

My intentions are this, we are looking for other accomodation which we think we have found but couldn't move in to until mid March. We have caused no damage to the property at all and so intend to use the deposit paid for February's rent and then pay the difference for March.

Is this reasonable? If we cannot get the property in mid march and continue to pay as we have been (thereby never more than a month behind) can he still insist we leave in 7 days. This appears unreasonable especially as we have a semi disabled 85 year old in the house that we care for.

All bills for water and electric have been paid to the landlord, although we have to take his word for the amounts as he only rings us with the amounts.

I will add that at no time have we been unwilling to pay our rent, and that we will be leaving this accommodation as soon as practicable. We just want to know that we won't be coming back home to changed locks or people turning up at the door frightening the family.

I also need to know what to write to the landlord in response to his notice to vacate.

Thank you for reading.

Lawbird Lawyer
02-13-2009, 12:38 PM
Hi and thank you for taking the time to read this thread.

We moved into a rental apartment in Mallorca on 11th December2008 and agreed a monthly rent with a months deposit paid up front.

We discussed with the landlord that for the first few months we would be paying rent a bit at a time as and when certain pensions from the Uk were paid. We were to receive a standard contract and the landlord agreed that we would be able to stay for 2-3 years.

We never received the contract.

Due to the downturn of Sterling against the Euro, we are receiving a lot less money and this was explained to the landlord, but we still paid what we had when we could. The landlord has been ringing at least twice a week asking whats happening and the same is always explained to him the money is coming bit by bit but we will catch up.

As it stands we have paid Januarys rent and we're awaiting to pay February's at the end of February at the latest.

Tuesday 10th February was the date we paid up for january and the landlord again rang to check the money was paid in. The same day he sent us a letter giving us 7 days to vacate the property.

My intentions are this, we are looking for other accomodation which we think we have found but couldn't move in to until mid March. We have caused no damage to the property at all and so intend to use the deposit paid for February's rent and then pay the difference for March.

Is this reasonable? If we cannot get the property in mid march and continue to pay as we have been (thereby never more than a month behind) can he still insist we leave in 7 days. This appears unreasonable especially as we have a semi disabled 85 year old in the house that we care for.

All bills for water and electric have been paid to the landlord, although we have to take his word for the amounts as he only rings us with the amounts.

I will add that at no time have we been unwilling to pay our rent, and that we will be leaving this accommodation as soon as practicable. We just want to know that we won't be coming back home to changed locks or people turning up at the door frightening the family.

I also need to know what to write to the landlord in response to his notice to vacate.

Thank you for reading.

Dear Sir,

Firstly in Mallorca only counted properties are allowed to be let by the local Government. Is yours one? Otherwise letting it without permission would be illegal and the landlord would be at fault with the local Authorities...

Secondly if there's no written tenancy contract presumably he is not declaring to the Tax Office the rental in which case he would be at fault with the Tax Office...

Normally tenants request to see a photocopy of the utility bills and ONLY then pay them and have the landlord or his representative sign the photocopy, date it and return it to you as prove of you having paid the utilities. You must be a very nice trusting person...

Thirdly a long term contract is for 5 years mandatorily unless unless its a specific short term lease which has to be professionally drafted by a lawyer so they are actually upheld in court (watertight) shoud there be a legal proceeding.

Fourthly the landlord must give 30 days notice minimum to vacate the property although in long terms this is restricted to a number of reasons only. In your case you have defaulted and are in arrears with your let. The latest rulings on the matter have established that even late payments (nevermind not paying at all) is regarded enough cause to terminate the tenancy contract by the landlord, such as in your case.

Regarding following an eviction procedure, from the landlord's perspective, I refer you to my article:

How to Evict a Tenant who is not Paying the Rent (http://www.marbella-lawyers.com/articles/showArticle/spain-tenant-not-paying-rent-spanish-property)- 17 Dec 2007

In the above article you'll read that landlords must appoint a lawyer and follow a specific legal procedure to vacate a non-paying tenant from their property. They cannot threaten you aided by minions, call in a locksmith to have the locks changed or shut off the utilities. If they do any of the afore they can be reported to the Spanish police and they will be taken in custody and even face the risk of facing a prison sentence as its happened already to many landlords that abused the sytem.

At no time can you offset the compulsory one month's deposit you gave to offset it against a month's let. It is illegal for you to do so.

Yours faithfully,
Raymundo Larraín Nesbitt

Smokes
04-02-2009, 09:50 PM
Sorry to disturb again... If there is no contract and therefore no conditions, can the landlord insist on inspecting the property. We have been told to refuse him entry, although we have told him on the phone that his property is in the same condition as when it was initially let.

He did threaten to disconnect the utilities, but we advised him that was a criminal act and he decided against this action.

My worry is that he comes in and stays in refusing to leave.

Thank you again for taking the trouble to read this.

Regards

Lawbird Lawyer
04-03-2009, 11:41 AM
Dear Sir,

Tenancy Agreements under Spanish law can be either verbal or in writing. Both are equally valid.

I would advise, for obvious reasons, to have them always in writing. It benefits both the landlord and the tenant.

If you have a verbal Tenancy agreement, you as the tenant can request at anytime to have it put in writing.

Additionally there's no obligation whatsoever from the tenant to allow the landlord into the proeprty for inspection purposes, even on the landlord giving notice. The whole point of a let is that the landord relinquishes the possession of the property in exchange of an agreed sum of money.

The only legal exception is ruled in art 21.3 of Spain's Rental Act (http://noticias.juridicas.com/base_datos/Privado/l29-1994.html) in which the tenant is obliged to let in the landlord to inspect and verify that the repair work undertaken in the property (i.e. defective boiler) has been correctly repaired.

The above doesn't rule out the possibility that in a written Tenancy agreement it may be specifically worded into the contract that the landlord will be entitled, for example, to an inspection visit every 3 months giving only a week's notice to the tenant on the inspection date. If both the tenant and landlord agree to it in the contract, it's binding.

To wrap it up, in your particular case as there's only a verbal agreeement standing, you are in your right to deny access to the rented property even to the landlord himself. The landlord would only have a right of inspection as explained above in art 21.3 in the case of repair work.

Yours faithfully,
Raymundo Larraín Nesbitt

biodiupe73
10-13-2009, 08:32 PM
I know someone who have the same problem as you. After lots of texting & chats which most of all they retained as evidence , the landlord never runs out excuses..until my friend have enough and threatened to take them to court.. you must have the papers to show your deposit ..would you believe ..the next day , they received the money..
got oCASE--you juts need 20 deposit.....then they set up a mediator...

Most often Chinese doesnt want to go that far ..
Good Luck

Cheers
palinsingapore