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Legal advice for renter please

Posted: Thu Apr 6, 2023 9:31am
22 replies869 views6 members subscribed
Flosa

Posts: 16

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Location: Orihuela Costa

Joined: 13 Jun 2022

Being a resident  l have  questions about the new rental law. 

1/ contract of lease is made for maximum period of 5 years, but it stipulates that the owner can stop it yearly. Legal?

2/ what if the owner refuses to replace her broken refrigerator? Buying a new one and taking it off the rent? Legal ?

Thanks and have a great eastern

killjoy

Posted: Thu Apr 6, 2023 9:48am

killjoy

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Posted: Thu Apr 6, 2023 9:48am

It's not as simple as you see it. Does you rental agreement refer to a use of the property as your principal residence or temporary second home? If any part of the inventory is unusable you are left alone with the problem. In this case I'd buy a new fridge and take it with me when leaving. 

Flosa

Posted: Thu Apr 6, 2023 10:02am

Flosa

Original Poster

Posts: 16

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Location: Orihuela Costa

Joined: 13 Jun 2022

Posted: Thu Apr 6, 2023 10:02am

killjoy wrote on Thu Apr 6, 2023 9:48am:

It's not as simple as you see it. Does you rental agreement refer to a use of the property as your principal residence or temporary second home? If any part of the inventory is unusable you are left alone with the problem. In this case I'd buy a new fridge and take it with me when leaving. 

I am resident, live and have my adress in that house with consent of the landlord .  It is rented with fridge and some other furnitures from her. 

tebo53

Posted: Thu Apr 6, 2023 10:08am

tebo53

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Posted: Thu Apr 6, 2023 10:08am

Flosa wrote on Thu Apr 6, 2023 10:02am:

I am resident, live and have my adress in that house with consent of the landlord .  It is rented with fridge and some other furnitures from her. 

If you are renting a fully or partially furnished property then in essence you are paying some of the rent towards a working fridge. If white goods break down it is for the landlord to replace the broken item.

My landlord has replaced the electric water heater and washing machine without any problems. 

Steve 

Flosa

Posted: Thu Apr 6, 2023 10:58am

Flosa

Original Poster

Posts: 16

1 helpful points

Location: Orihuela Costa

Joined: 13 Jun 2022

Posted: Thu Apr 6, 2023 10:58am

tebo53 wrote on Thu Apr 6, 2023 10:08am:

If you are renting a fully or partially furnished property then in essence you are paying some of the rent towards a working fridge. If white goods break down it is for the landlord to replace the broken item.

My landlord has replaced the electric water heater and washing machine without any problems. ...

...

Steve 

Thank you . That's what l thought. . Glad to see that your landlord is not like mine. So many illegal things are happening here in this complex where she owns a dozan of houses.  We are all non Spanish and they are afraid to have to move if they protest.  

About my first question. Am l correct that, of course as long as you do your duty as a renter, there is no way for her to stop your contract before 5 years? Same for non-residents? Do you know? 

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tebo53

Posted: Thu Apr 6, 2023 11:11am

tebo53

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Posted: Thu Apr 6, 2023 11:11am

Flosa wrote on Thu Apr 6, 2023 10:58am:

Thank you . That's what l thought. . Glad to see that your landlord is not like mine. So many illegal things are happening here in this complex where she owns a dozan of houses.  We are all non Spanish and they are afraid to have to move if they protest.  

About my first question. Am l correct that, of course as long as you do your duty as a renter, there is no way for her to stop your contract before 5 years? Same for non-residents? Do you know? ...

...

As far as I remember the first contract period is for one year which extends to 5 years. If you are a model tenant then the only way the Landlord can ask you to leave is if she wants to use that property to live in full time. If the property is sold you will still be the sitting tenant.

Steve 

Flosa

Posted: Thu Apr 6, 2023 11:27am

Flosa

Original Poster

Posts: 16

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Location: Orihuela Costa

Joined: 13 Jun 2022

Posted: Thu Apr 6, 2023 11:27am

tebo53 wrote on Thu Apr 6, 2023 11:11am:

As far as I remember the first contract period is for one year which extends to 5 years. If you are a model tenant then the only way the Landlord can ask you to leave is if she wants to use that property to live in full time. If the property is sold you will still be the sitting tenant.

Steve 

Any difference for non-residents? I ve been reading the LAU and this was not clear to me. 

tebo53

Posted: Thu Apr 6, 2023 2:24pm

tebo53

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Posted: Thu Apr 6, 2023 2:24pm

Flosa wrote on Thu Apr 6, 2023 11:27am:

Any difference for non-residents? I ve been reading the LAU and this was not clear to me. 

It should be the same for non residents. You and your landlord has signed (I assume) a binding contract stating conditions and payment terms. 

Spanish laws are now definitely on the side of the tenant!

Steve 

Flosa

Posted: Thu Apr 6, 2023 3:16pm

Flosa

Original Poster

Posts: 16

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Location: Orihuela Costa

Joined: 13 Jun 2022

Posted: Thu Apr 6, 2023 3:16pm

tebo53 wrote on Thu Apr 6, 2023 2:24pm:

It should be the same for non residents. You and your landlord has signed (I assume) a binding contract stating conditions and payment terms. 

Spanish laws are now definitely on the side of the tenant!

Steve 

Thank you very much for your time. Enjoy Eastern !

Ann212

Posted: Thu Apr 6, 2023 4:15pm

Ann212

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Posts: 69

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Location: Orihuela Costa

Joined: 3 Aug 2022

Posted: Thu Apr 6, 2023 4:15pm

Proceed with caution. We were renting unfurnished property  and our tenant stopped paying rent, claiming, that is their main living home. In the end we lost curt case, because corrupted police and tenant's crooked lawyer. She made us pay even for her towels. Wrecked the house and garden and fortunaly left. I feel, I own her some money for her underwear. She is a respected estate agent.

Do a very detailed rental agreement.You renting with a fridge, which is clearly in the inventory, you are replacing it free of charge to the tenant. If the tenant buys a new one, you don't pay them, or reduce the rent, but the tennant takes the fridge away, when they leave. If anything doesn't add up, get the renters out of your place. The law doesn't work here. Defend yourself. 

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