Tenants rights on long term rentals - General Torre de la Horadada discussion - Torre de la Horadada forum - Costa Blanca forum in the Alicante province of Spain
Safety Expert Ltd
Jennifer Cunningham Insurances SL
Advisors Costa Blanca
Harmony FM
Expat Services
James Spanish School
AA Free English TV
ASSSA Insurance
Torrevieja Property Services
Gran Alacant Insurances
interior building work
HEALTH INSURANCE ADESLAS
Inner Positioning

Join the Torre de la Horadada forum

Join the Torre de la Horadada forumMy name's Alex and this is my website all about Torre de la Horadada in Spain. Register now for free to talk about General Torre de la Horadada discussion and much more!

Tenants rights on long term rentals

Posted: Thu Sep 22, 2022 6:21pm
13 replies494 views9 members subscribed
angelmedium

Posts: 4

Location: La Marina

Joined: 5 Nov 2018

Thank you for to anyone for helping us. We are moving to a long-term rental house in Alicante. We are being asked to agree to carry out any repairs that may become necessary. We understand that there may be normal wear and tear repairs but, in the contract, there is a clause which states, 

¨All costs directly related to the maintenance of the dwelling and repair of its structural elements and appliances are to be paid by the lessees. ¨  

When we asked about this, we were told it includes any electrical work, things like if the air conditioning breaks down, and we would have to replace things like the hot water boiler, TV, fridge freezer, cooker, hob etc. if they break down. She also wants us to insure the furniture and white goods under our contents policy. 

We said we had never been asked to agree to these conditions before and were told there are different laws in Alicante to Murcia where we have rented before. We are due to move in next week and are concerned by these clauses. Please can you clarify as soon as possible what we should be responsible for and whether we should agree. Thanking you in anticipation. Best wishes 

tebo53

Posted: Thu Sep 22, 2022 6:48pm

tebo53

Legendary helpful member

Posts: 3411

3660 helpful points

Location: Benidorm

Joined: 29 May 2018

Posted: Thu Sep 22, 2022 6:48pm

angelmedium wrote on Thu Sep 22, 2022 6:21pm:

Thank you for to anyone for helping us. We are moving to a long-term rental house in Alicante. We are being asked to agree to carry out any repairs that may become necessary. We understand that there may be normal wear and tear repairs but, in the contract, there is a clause which states, 

¨All costs directly related to the maintenance of the dwelling and repair of its structural elements and appliances are to be paid by the lessees. ¨  ...

...

When we asked about this, we were told it includes any electrical work, things like if the air conditioning breaks down, and we would have to replace things like the hot water boiler, TV, fridge freezer, cooker, hob etc. if they break down. She also wants us to insure the furniture and white goods under our contents policy. 

We said we had never been asked to agree to these conditions before and were told there are different laws in Alicante to Murcia where we have rented before. We are due to move in next week and are concerned by these clauses. Please can you clarify as soon as possible what we should be responsible for and whether we should agree. Thanking you in anticipation. Best wishes 

Hi,

I have been renting since moving to Benidorm 8 years ago and both the rental agreements that I have signed had agreements that the Landlord would replace broken equipment including white goods, water heaters and any major maintenance requirements. I have to do day to day maintenance and repairs and keep the property in good condition and repair. As the apartment is fully furnished the landlord pays for contents insurance. 

All I pay is rent, electricity and basura.

It sounds a very expensive rental to me but its up to yo to negotiate as to who does repairs. After all it's their property and you are renting it from them at an agreed price.

You need to get everything in writing as to what they and you are responsible for. 

Steve 

Rustyruss67

Posted: Thu Sep 22, 2022 6:53pm

Rustyruss67

Helpful member

Posts: 67

64 helpful points

Location: Villamartin

Joined: 2 May 2018

Posted: Thu Sep 22, 2022 6:53pm

I let a house long term to tenants and we pay all the repairs unless breakages occur by the tenant. I would look long and hard at the small print as it seems you will be liable for ever

FionaS

Posted: Thu Sep 22, 2022 7:13pm

FionaS

Helpful member

Posts: 177

145 helpful points

Location: Orihuela Costa

Joined: 2 Jan 2018

Posted: Thu Sep 22, 2022 7:13pm

Find somewhere else that is over the top and taking the p.....s there is no law in Alicante that states tennants pay it is always the landlords responsibility unless some hapless victim gets conned into signing such an agreement

Herefordjack

Posted: Thu Sep 22, 2022 7:14pm

Herefordjack

Very helpful member

Posts: 619

765 helpful points

Location: Pego

Joined: 18 Dec 2017

Posted: Thu Sep 22, 2022 7:14pm

Those conditions sound ridiculously prejudicial against you for a rental. I wouldn't touch it.

Advertisement - posts continue below

DUI

Posted: Thu Sep 22, 2022 7:44pm

DUI

Helpful member

Posts: 260

426 helpful points

Location: Denia

Joined: 6 Nov 2021

Posted: Thu Sep 22, 2022 7:44pm

Onerous rental conditions.I would recommend walking away and finding something without all the conditions.

nasus

Posted: Thu Sep 22, 2022 10:28pm

Posts: 15

10 helpful points

Location: Orihuela Costa

Joined: 22 Sep 2018

Posted: Thu Sep 22, 2022 10:28pm

I rent in the Alicante province and the landlord repairs and replaces all white goods, pays the gardener, exterior painting and the community charge. I pay the rent, water, electric and internet and replace or fix anything that I break.

What your proposed landlord is asking for is beyond ridiculous. His building insurance pays for that kind of stuff. I wonder if there is already something structurally wrong with the building that you would end up paying for. Structural elements include walls.

Find another place with a different landlord. One that declares the rental income so you can declare the rent you pay when you make your tax declaration and get the discount which in Com Valencia is usually 15% for a contract of at least one year. Murcia is the only community that didn't give a discount last year.

killjoy

Posted: Fri Sep 23, 2022 11:30am

killjoy

Super helpful member

Posts: 2560

1462 helpful points

Location: Orihuela Costa

Joined: 4 Nov 2017

Posted: Fri Sep 23, 2022 11:30am

All rentals are subject to the Spanish "Ley de arrendamientos urbanos" which governs over any private contradictory agreement imposed or consented, written or not. Too extensive to explain here in detail, but there are important issues intentionally "overseen" by landlords and much more by agents. However, even if you consent to whatever may be contradictory to the LAW, the Law will protect you in  case of non compliance. I would strongly recommend to set up a list of deficiencies (usually there are quite a lot) when you get your keys and have it signed by the landlord or his rep. For any questions feel free to PM me.

Kenneth1

Posted: Fri Sep 23, 2022 12:06pm

Kenneth1

Very helpful member

Posts: 588

582 helpful points

Location: La Marina

Joined: 3 Feb 2017

Posted: Fri Sep 23, 2022 12:06pm

Do yourself a big favour, forget it and find something else. The law may protect you, but it could still be an expensive experience. 

Stephanie86

Posted: Fri Sep 23, 2022 1:14pm

Stephanie86

Super helpful member

Posts: 2166

1636 helpful points

Location: Lliber

Joined: 4 May 2017

Posted: Fri Sep 23, 2022 1:14pm

Walk away.

Sign up for free or login to reply to this topic

Want to reply to this topic? Login or register for free to post your message:

Find more General discussion topics from a particular area:


Register for free!

Login to your account

Inner Positioning
James Spanish School
Expat Services
Harmony FM
ASSSA Insurance
AA Free English TV
Advisors Costa Blanca
Safety Expert Ltd
Jennifer Cunningham Insurances SL
HEALTH INSURANCE ADESLAS
interior building work
Gran Alacant Insurances
Torrevieja Property Services
Advertise your business here
Advertise your property
Help with my computer