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richard evans
07-26-2009, 01:51 PM
I am currently renting an apartment on the costa del sol. I am 4 months into an 11 month contract and have paid up to the end of june, after successfully completing a previous 11 month contract at the same unfurnished residence.
We have fallen into financial difficulty and are going to find it impossible to continue both paying the rent and living in Spain. We are intending to return to Sweden very shortly,with furniture, pets and children.
The deposit they are currently holding on our behalf is 2000 euros which is equivilant to the 2 months rent we will owe when we leave.
We are planning to move back at the end of august and wish to know whether there is anything they can legally do to stop us moving out.
Any advice would be gratefully received.
Thanks Richard

Lawbird Lawyer
07-27-2009, 08:47 AM
Dear Sir,

They cannot stop you legally from moving out.

However, you've signed and 11 month contract and are pulling out 4 months into it. You will owe the landlord 7 months on doing so. Meaning they will withhold the 2,000€ deposit and may possibly claim the difference although they seldom do in practice.

You must give your landlord at least 30 days notice of you terminating the contract.

richard evans
07-27-2009, 09:26 AM
Dear sir,Many thanks for your advice.I,m more than happy for them to keep the 2,000eu deposit,as that will be what we end up owing them in rent when we leave.Its very unfortunate to find ourselves in this situation but after reading other threads on this subject it seems quite moderate.
I am unsure of giving landlord 30 days notice as I feel that this will give them more time to be more difficult both legally and otherwise,
Thanks R.E

Lawbird Lawyer
07-27-2009, 09:38 AM
You're welcome Mr Evans.

If you don't want to give them 30 days notice that's your call.

As written above they are entitled to pursue you for the balance outstanding. Normally landlords don't pursue it as this involves hiring a lawyer such as myself and they don't want to pay for our legal fees and go through all the ordeal in such cases when the tenant leaves voluntarily ahead of the contract's expiration. They are just happy withholding the deposit.

As your assets are located in Sweden this will probably deter them even more.

As a sidenote, you are not the only tenant defaulting. The problem is widespread and is increasing ever more with the growing number of lay offs in Spain.

Regards,