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Flosa

Posted: Thu Apr 6, 2023 5:53pm

Flosa

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Posts: 16

1 helpful points

Location: Orihuela Costa

Joined: 13 Jun 2022

Posted: Thu Apr 6, 2023 5:53pm

Ann212 wrote on 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. 

What was the reason why you lost the court ?

tebo53

Posted: Thu Apr 6, 2023 6:08pm

tebo53

Legendary helpful member

Posts: 4843

5036 helpful points

Location: Benidorm

Joined: 29 May 2018

Posted: Thu Apr 6, 2023 6:08pm

Ann212 wrote on 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. 

I think the OP is the tenant....

Steve 

Ann212

Posted: Thu Apr 6, 2023 6:13pm

Ann212

Helpful member

Posts: 69

67 helpful points

Location: Orihuela Costa

Joined: 3 Aug 2022

Posted: Thu Apr 6, 2023 6:13pm

Flosa wrote on Thu Apr 6, 2023 5:53pm:

What was the reason why you lost the court ?

She is a very experienced estate agent in Spain (and in UK). She knows, how the system works, so she unprofessionally used her knowledge, to live in our property for free. It was enough for her to say, that it was her mein residence. 

Flosa

Posted: Thu Apr 6, 2023 7:13pm

Flosa

Original Poster

Posts: 16

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Location: Orihuela Costa

Joined: 13 Jun 2022

Posted: Thu Apr 6, 2023 7:13pm

Ann212 wrote on Thu Apr 6, 2023 6:13pm:

She is a very experienced estate agent in Spain (and in UK). She knows, how the system works, so she unprofessionally used her knowledge, to live in our property for free. It was enough for her to say, that it was her mein residence. 

I am indeed the renter. There are laws and then ... we have the judges. . As l understand from Ann, renters are very protected in Spain but how corrupt is the court?  My landlord is Spanish and very rich, l am North European.

Experiences?

Could my landlord make a chance in court ? She doesn't do her duty and got several mails from me that l will buy a new fridge, take it off the rent and of course it will be hers. Got not one reaction . No protest from her is  for me  equal as agreeing

One after the other renter at here had problems with their fridge. She didn't care and they bought a new one on own expences. That's exactly her intention. Pay 750,00 euro rent and repair everything by yourself. My neighbours do because they don't know anything about the law and are afraid to be kicked out. 

Bibba

Posted: Thu Apr 6, 2023 11:05pm

Bibba

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Posts: 98

342 helpful points

Location: Torrevieja

Joined: 7 Oct 2019

Posted: Thu Apr 6, 2023 11:05pm

I found this web with The law translated in to English

https://propertylawyermallorca.com/2019/04/the-new-version-of-the-spanish-urban-rental-law-2019/

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nasus

Posted: Sat Apr 8, 2023 12:35pm

nasus

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Posts: 99

71 helpful points

Location: Orihuela Costa

Joined: 22 Sep 2018

Posted: Sat Apr 8, 2023 12:35pm

The landlord replaces the fridge unless the renter has caused the problem or if the tenant and landlord agree otherwise in the rent contract.

The rules are the same for residents and non-residents. 

Bee2

Posted: Sun Apr 9, 2023 1:34pm

Bee2

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Posts: 422

274 helpful points

Location: Torrevieja

Joined: 19 Oct 2019

Posted: Sun Apr 9, 2023 1:34pm

This article gives a clear explanation of the long-term rental law in Spain and the rights of the tenant. Look at your contract and see what it says about white goods. If it is "silent" on the repair and maintenance then the onus is on the landlord to pay for it.

https://www.healthplanspain.com/blog/expat-tips/885-tenants-rights-when-renting-a-property-in-spain.html

You could also contact the Spanish Citizens Advice Bureau who are always very helpful.

https://www.citizensadvice.org.es/

Don't withold any rent as that breaks your contract. Don't buy the fridge and deduct it from your rent unless you have a written agreement to do so from this particular landlord.

Bee

Flosa

Posted: Wed Apr 12, 2023 1:02pm

Flosa

Original Poster

Posts: 16

1 helpful points

Location: Orihuela Costa

Joined: 13 Jun 2022

Posted: Wed Apr 12, 2023 1:02pm

THANK YOU ALL 

Else64

Posted: Wed Apr 12, 2023 6:24pm

Posts: 20

16 helpful points

Location: Javea / Xàbia

Joined: 15 Mar 2022

Posted: Wed Apr 12, 2023 6:24pm

I would read your contract. We rented last year first time in Spain, the dishwasher broke and we had to pay for an engineer to provide a report. It was apparently over seven years old and the landlord replaced it. Just before our lease finished in March this year the oven door exploded shattering glass everywhere, we had just returned from two weeks in U.K. for Xmas. Spanish landlord response was refer to clause number …. In the contract you need to cover it with your insurance! We had contents insurance as was all our furniture apart from couple of white goods of landlords including oven. We had to pay the €140 for glass replacement. We are still waiting for our months deposit to be returned when lease finished 1/3. Landlord advised today for our bank details as he had been waiting for water bill, it seems ok for landlord to receive our rent on time without delay but he went over the 30 days return of deposit stipulated by him in contract signed by both parties!. Our current Spanish landlord has been excellent with any issues we have had since moving. Seems to be different rules for each rental.

Alfapash

Posted: Wed Apr 12, 2023 7:09pm

Alfapash

Helpful member

Posts: 353

344 helpful points

Location: Cabo Roig

Joined: 6 Aug 2020

Posted: Wed Apr 12, 2023 7:09pm

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. 

You can't legally live in Spain full-time as a non- resident. You can only be there for 90/180 days. If you are living there full-time you are in Spain illegally.

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