# Garantia de Alquiler - can anyone explain it's significance ?



## Expat Ben (Jul 28, 2009)

Hello all.

I wish to ask the question if anyone knows the significance of the above document called Garantia de Alquiler.

Problem being it's in Spanish and I don't understand a word of it.

My concern is that If I sign the document will I get problems in the future with regards to liability of rent of other thigs ?


Cheers, Ben


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## xabiaxica (Jun 23, 2009)

Expat Ben said:


> Hello all.
> 
> I wish to ask the question if anyone knows the significance of the above document called Garantia de Alquiler.
> 
> ...


Rental Guarantee




future problems - it depends exactly what it's for & what it says


post it here if you wish - quite a few of us speak spanish


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## Expat Ben (Jul 28, 2009)

xabiachica said:


> Rental Guarantee
> 
> future problems - it depends exactly what it's for & what it says
> 
> post it here if you wish - quite a few of us speak spanish



I'm being told it's a standard document which serves to allow the owner and tennants to resolve any future problems without going to court

But I don't believe it.


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## Xose (Dec 10, 2008)

Expat Ben said:


> I'm being told it's a standard document which serves to allow the owner and tennants to resolve any future problems without going to court
> 
> But I don't believe it.



I'm with you on the doubting, and I can read Spanish... see the following... (sorry, Spanish) Garantia de Alquiler - ¿Qué es? - ¿Cuánto cuesta? ¿Donde comprar la Garantia de Alquiler?

Maybe I'm just me being a pesimist as usual, waiting to be proved wrong when in an area I know little or nothing about. I'm rather a "half full bottle" person, but when blind, I'm a "half empty bottle" and at defcon 1.

This, to me, looks like 90% for the landlord and maybe 10% for the tenant. I would also say it is designed to unblock the courts in these types of disputes. All those who owe months (or years - up to 5) of back rent, for whatever reason, would be out on the street if they had signed one of these.... I think!!

Perhaps a legal eagle can clear it up for us. Also be intersting to see if many other people on here were asked to sign one of these appart from the rental contract.

Xose


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## Veronica (Apr 5, 2008)

Xose said:


> I'm with you on the doubting, and I can read Spanish... see the following... (sorry, Spanish) Garantia de Alquiler - ¿Qué es? - ¿Cuánto cuesta? ¿Donde comprar la Garantia de Alquiler?
> 
> Maybe I'm just me being a pesimist as usual, waiting to be proved wrong when in an area I know little or nothing about. I'm rather a "half full bottle" person, but when blind, I'm a "half empty bottle" and at defcon 1.
> 
> ...


Surely if someone owes months or years of back rent then it is only fair if they are evicted. 
I know that I wouldnt stand back and let someone live a property I owned if they didnt pay me my rent. They'd be out on their ears.


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## Xose (Dec 10, 2008)

Veronica said:


> Surely if someone owes months or years of back rent then it is only fair if they are evicted.
> I know that I wouldnt stand back and let someone live a property I owned if they didnt pay me my rent. They'd be out on their ears.


Completely agree with the sentiment. However, the law doesn't quite work like that. Think back to the Labour UK pre 90 and trying to evict people from your let property. And if it was unfurnished  and if they had children 

It's doable, but has a process that can take several months. Hence the rise of the Abal bancario.Also, there's some nightmare issue about "within the first 5 years of tenancy" that I can't remember the detail of right now. But basically, you can only evict via the courts and that can take a long time - in the mean time, no rent, no cutting off utilities etc., etc. again, the abal vancario comes into its own and usually tailored in the area of Spain to the time it takes the courts to process the issue. Some 3 months, some 6 months, some as long as 12 months.

Xose


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## Veronica (Apr 5, 2008)

Xose said:


> Completely agree with the sentiment. However, the law doesn't quite work like that. Think back to the Labour UK pre 90 and trying to evict people from your let property. And if it was unfurnished  and if they had children
> 
> It's doable, but has a process that can take several months. Hence the rise of the Abal bancario.Also, there's some nightmare issue about "within the first 5 years of tenancy" that I can't remember the detail of right now. But basically, you can only evict via the courts and that can take a long time - in the mean time, no rent, no cutting off utilities etc., etc. again, the abal vancario comes into its own and usually tailored in the area of Spain to the time it takes the courts to process the issue. Some 3 months, some 6 months, some as long as 12 months.
> 
> Xose


I'd go in with a gang of heavies, throw em out on their ears and their goods a chattels with them then put huge bolts on the doors to keep em out. But then I am a nasty ***** who would actually expect to be paid what is owed to me.


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## Xose (Dec 10, 2008)

Veronica said:


> I'd go in with a gang of heavies, throw em out on their ears and their goods a chattels with them then put huge bolts on the doors to keep em out. But then I am a nasty ***** who would actually expect to be paid what is owed to me.


Alrighty then!

You can get mideavel and get it sorted there and then. Just make sure you tell the heavies to kill them. You don't want to spend the rest of your life paying them a pension if you leave them damaged - which you will, actual or not!!


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## Suenneil (Feb 17, 2009)

Yep landlords can face criminal proceedings if they cut off utilities, change locks etc - and it can take up to 18 months to resolve a tenant issue such as non payment of rent. Even then the landlord I believe cannot start legal proceedings until 4 months of rent have been unpaid. 

Even if the landlords pursue legal action they are often advised to look at it in 2 parts ..... getting the tenant out and taking back possession of the property, and THEN looking to go after the tenant for unpaid rent. If you do both at the same time, the chances are the money issue will prevent the eviction .... so it drags on longer and longer!!!

Sue :ranger:


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## Suenneil (Feb 17, 2009)

I am a bit confused though Ben ? We have rented for more than 5 years, and have plenty of friends who have too - and I have never seen or heard of a rental guarantee in this context ? The only thing I have heard of that is similar is a Bank Guarantee to guarantee the rental to the landlord by the tenant.....

Is this a private landlord or real estate agent that is offering you this document to sign ? and are you sure its a Rental Guarantee and not a Rental Bank Guarantee ?

Sue lane:


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## Veronica (Apr 5, 2008)

Xose said:


> Alrighty then!
> 
> You can get mideavel and get it sorted there and then. Just make sure you tell the heavies to kill them. You don't want to spend the rest of your life paying them a pension if you leave them damaged - which you will, actual or not!!


See this is the problem with the law these days. Everything is stacked in the favour of the wrong doer. A f riend of mine had tenants in her apartment who not only didnt pay any rent after the initial downpayment but when they eventually left after 12 months there was so much damage to the property that it cost my friend thousands to put it right.:mad
What I said was tongue in cheek because of course you cannot just throw people out but to me the law is an ass. If tenants dont pay they should not be allowed to stay in the property and if they cause a lot of damage they should be locked up in prison for criminal damges. Of course the law needs to protect innocent tenants who have wicked landlords who try to take advantage but there should also be protection for landlords who are unlucky enough to have the scum of the earth living in their properties. 
OK rant over now


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## Suenneil (Feb 17, 2009)

Veronica said:


> See this is the problem with the law these days. Everything is stacked in the favour of the wrong doer. A f riend of mine had tenants in her apartment who not only didnt pay any rent after the initial downpayment but when they eventually left after 12 months there was so much damage to the property that it cost my friend thousands to put it right.:mad
> What
> Iaid was tongue in cheek because of course you cannot just throw people out but to me the law is an ass. If tenants dont pay they should not be allowed to stay in the property and if they cause a lot of damage they should be locked up in prison for criminal damges. Of course the law needs to protect innocent tenants who have wicked landlords who try to take advantage but there should also be protection for landlords who are unlucky enough to have the scum of the earth living in their properties.
> OK rant over now


You rant away V!!!  I agree with you. The other problem (albeit a smaller one) is that this increase in "bad" tenants, and apparently stats show there has been a big increase, justifies landlords putting in place additional safety nets to protect themselves and their properties - and I dont disagree with that at all ... HOWEVER the more landlords that do this, and Im sure they will if the bad tenant list grows! ... the more difficult and almost impossible it will be for "good" tenants to take out rental properties.

We were asked by 3 different landlords to take our Bank Guarantees for rental properties which we said no to!! Because despite having 5 years of rental experience and being able to provide excellent references .... they wouldnt accept this as enough "security" .... but there arent many people these days who can back up a bank guarantee by having 11 months rent sitting in the bank all year!

Sue x lane:


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## Veronica (Apr 5, 2008)

Suenneil said:


> You rant away V!!!  I agree with you. The other problem (albeit a smaller one) is that this increase in "bad" tenants, and apparently stats show there has been a big increase, justifies landlords putting in place additional safety nets to protect themselves and their properties - and I dont disagree with that at all ... HOWEVER the more landlords that do this, and Im sure they will if the bad tenant list grows! ... the more difficult and almost impossible it will be for "good" tenants to take out rental properties.
> 
> We were asked by 3 different landlords to take our Bank Guarantees for rental properties which we said no to!! Because despite having 5 years of rental experience and being able to provide excellent references .... they wouldnt accept this as enough "security" .... but there arent many people these days who can back up a bank guarantee by having 11 months rent sitting in the bank all year!
> 
> Sue x lane:


You would have thought that with good references you would be ok but of course it just goes to show how careful landlords are having to become to protect their interests. It is the same here in Cyprus with some landlords becoming very wary as to who they rent to.

Veronica


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## Expat Ben (Jul 28, 2009)

GARANTIA DE ALQUILER

Objeto de la Garantia

a) Pago y actualizacion de las rentas mensualidades
b) Pago de los gastos que correspondan por servicios y suministros
c) Danos producidos por mal uso en el inmueble o sus enseres
d) Renovacion de aval bancario
e) Recuperacion inmediata del inmuelbe si se incumple el contrato
f) Realizacion de obras no consentidas
g) Cesion o subarriendo no consentido

Please can someone explain this in English ?


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## Veronica (Apr 5, 2008)

Expat Ben said:


> GARANTIA DE ALQUILER
> 
> Objeto de la Garantia
> 
> ...



*This is a direct translation via IM translator.*

Object of the Guarantee

a) Payment and update of the revenues monthly salaries
b) Payment of the expenses that correspond for services and provisions
c) Damages produced by bad use in the building or his equipment
d) Renewal of bank guarantee
e) Immediate recovery of the inmuelbe if the contract is broken
f) Achievement of not spoiled works
g) Transfer or not spoiled subletting


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## Expat Ben (Jul 28, 2009)

Veronica said:


> *This is a direct translation via IM translator.*
> 
> Object of the Guarantee
> 
> ...


And do you think this is fair ?
Would you recommend a tennant to sign it ?
How does any of the above benefit the tennant ?


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## Veronica (Apr 5, 2008)

Expat Ben said:


> And do you think this is fair ?
> Would you recommend a tennant to sign it ?
> How does any of the above benefit the tennant ?


It is there to protect the landlord not the tenant.


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## xabiaxica (Jun 23, 2009)

Expat Ben said:


> GARANTIA DE ALQUILER
> 
> Objeto de la Garantia
> 
> ...


Object of the Guarantee

a)Payment of the monthly rent
b) Payment of costs relating to services and supplies
c) Damage caused by misuse of the premises or contents
d) renewal of bank guarantee
e) Recovery of the property immediately if the contract is breached
f) carrying out works without consent
g) transfer of the property or subletting without consent


In 6 years of renting I've never been asked to sign anything like this

one clause in the contract is always along the lines of 'if any of the clauses are broken it goes to court & any costs are paind by the renter' - & going to court, as the others have said, can take forever

having had a brief look at the link someone supplied - I suspect that the company advertising this guarantee might 'buy the debt' from the owner if the tenant breaks any of the clauses

possibly this then becomes a different kind of legal issue - a straightforwrd debt rather than a rent problem - and might be dealt with differently/more swiftly by the courts/legal system


as a tenant, I wouldn't sign it

there are lots of rentals out there at the moment - it's a tenant's market


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## jojo (Sep 20, 2007)

When we looking at renting, we found that quite a few landlords had been "burnt" by previous tenants (nearly always British) who had trashed their houses, taken as much from them as they could (appliances, crockery, fittings....) and left without paying any rent!!! The land lords were understandably cautious of us being British and always tried to insist on at least 6 months up front - which we wouldnt pay or tried to charge us more than "the going rate"??!!

Apparently this was becoming more and more frequent due to the economic climate and the type of Brits??? Hense this contract thing maybe???????????
Jo xxx


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## Veronica (Apr 5, 2008)

jojo said:


> When we looking at renting, we found that quite a few landlords had been "burnt" by previous tenants (nearly always British) who had trashed their houses, taken as much from them as they could (appliances, crockery, fittings....) and left without paying any rent!!! The land lords were understandably cautious of us being British and always tried to insist on at least 6 months up front - which we wouldnt pay or tried to charge us more than "the going rate"??!!
> 
> Apparently this was becoming more and more frequent due to the economic climate and the type of Brits??? Hense this contract thing maybe???????????
> Jo xxx


I can understand why the landlords are trying to protect their interests.
We have the same sort of thing happening in Cyprus,we get emails from other agents giving us name and details of bad tenants to look out for and some of the things they do is appalling. 

Veronica


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## Suenneil (Feb 17, 2009)

Ben

I can understand landlords wanting to protect themselves in the best way they can against non payment of rent etc ... but *I WOULD NOT SIGN* anything like the document you have mentioned on here. There are plenty of properties out there for rent and if I were you I would just walk away from this one and find something else.

Sue x :ranger:


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## jojo (Sep 20, 2007)

Veronica said:


> I can understand why the landlords are trying to protect their interests.
> We have the same sort of thing happening in Cyprus,we get emails from other agents giving us name and details of bad tenants to look out for and some of the things they do is appalling.
> 
> Veronica



It is quite horrendous isnt it!! I've seen two properties where the landlord had only just started cleaning up after these "tenants" had vacated and I couldnt believe that people could actually live like that, let alone leave the places so disgusting. It wasnt as if they'd messed the houses up on purpose as some kind of a warped vendetta - these houses had obviously been lived in by pigs....... who needed training in the art of using a toilet and keeping it and the surrounding area clean uke:uke:uke:uke: And they hadnt paid a days rent apparently!!! Good old Brits at their best!

Jo xxx


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## Veronica (Apr 5, 2008)

jojo said:


> It is quite horrendous isnt it!! I've seen two properties where the landlord had only just started cleaning up after these "tenants" had vacated and I couldnt believe that people could actually live like that, let alone leave the places so disgusting. It wasnt as if they'd messed the houses up on purpose as some kind of a warped vendetta - these houses had obviously been lived in by pigs....... who needed training in the art of using a toilet and keeping it and the surrounding area clean uke:uke:uke:uke: And they hadnt paid a days rent apparently!!! Good old Brits at their best!
> 
> Jo xxx


Its people like that that cause problems for the decent Brits and give us all a bad name abroad. Those sort of people should be banned from leaving Britain, passports impounded. On second thoughts then Britain would full of them. Maybe an island in the middle of the Atlantic just for these slobs, that'll make the world so much nicer for the rest of us.:clap2::clap2::clap2::clap2::clap2::clap2::clap2::clap2:


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## Expat Ben (Jul 28, 2009)

Suenneil said:


> Ben
> 
> I can understand landlords wanting to protect themselves in the best way they can against non payment of rent etc ... but *I WOULD NOT SIGN* anything like the document you have mentioned on here. There are plenty of properties out there for rent and if I were you I would just walk away from this one and find something else.
> 
> Sue x :ranger:



I agree and think it's a sad state of affairs when landlords resort to these tactics and the way is was explained to me by the owner was clearly nothing but a smokescreen and there's no way I'm signing such a document as I do not wish to start out with mis-trust and that's exactly what it's all about


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## mrypg9 (Apr 26, 2008)

Xose said:


> Completely agree with the sentiment. However, the law doesn't quite work like that. Think back to the Labour UK pre 90 and trying to evict people from your let property. And if it was unfurnished  and if they had children
> 
> 
> Xose


We owned and rented out properties in the pre 90s (otherwise known as the Thatcher years). Our tenancy agreements were drawn up according to the Rental Laws in force at the time - the only law brought in by a previous Labour Government was the much-needed Prevention of Eviction Act. The fact is there are abuses by both sides. Scrooge-like landlords and unspeakable tenants.
We had only one difficult tenant in an unfurnished property but we observed due process and the tenant was swiftly moved on.
As well as signing a legally-binding contract on the property we now rent we agreed to sign a garantia. We are careful tenants -having been landlords we know how important this is -and always pay at least a quarter's rent in advance because it suits us to do so. I can't see how signing this document has disadvantaged us in any way.
I have only been here a comparatively short time but I can understand why some landlords insist on taking every possible precaution when renting to British immigrants here. Most are decent, honourable people but there are more than enough petty crooks, not-so-petty crooks, fraudsters and people fleeing from various unmet obligations in the UK. I f I were a landlord here, I would be very very wary indeed and take every legally available step to protect myself and my property.


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## mrypg9 (Apr 26, 2008)

xabiachica said:


> Object of the Guarantee
> 
> a)Payment of the monthly rent
> b) Payment of costs relating to services and supplies
> ...


Having read these clauses again, I can't see what is so exceptional. All this should be in any standard rental contract, surely?
These are standard conditions inserted in a contract to protect the interests of both parties.
Landlords rent properties for financial gain, not altruism. The market currently favours renters so if you don't like the terms and conditions on offer you can easily find somewhere more agreeable to you.
But a responsible landlord will insist on putting everything in legally-binding terms so as to avoid misunderstandings by both parties.
We were not asked to pay anything on signing our garantia but I believe it cost our landlord 50 euros...


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## Xose (Dec 10, 2008)

mrypg9 said:


> We owned and rented out properties in the pre 90s (otherwise known as the Thatcher years). Our tenancy agreements were drawn up according to the Rental Laws in force at the time - the only law brought in by a previous Labour Government was the much-needed Prevention of Eviction Act. The fact is there are abuses by both sides. Scrooge-like landlords and unspeakable tenants.
> We had only one difficult tenant in an unfurnished property but we observed due process and the tenant was swiftly moved on.
> As well as signing a legally-binding contract on the property we now rent we agreed to sign a garantia. We are careful tenants -having been landlords we know how important this is -and always pay at least a quarter's rent in advance because it suits us to do so. I can't see how signing this document has disadvantaged us in any way.
> I have only been here a comparatively short time but I can understand why some landlords insist on taking every possible precaution when renting to British immigrants here. Most are decent, honourable people but there are more than enough petty crooks, not-so-petty crooks, fraudsters and people fleeing from various unmet obligations in the UK. I f I were a landlord here, I would be very very wary indeed and take every legally available step to protect myself and my property.


Yeah, that's why I said Labour UK - way pre-90  Sorry, loosing track of time.

Back when I was referring to, the tenant under the then Labour laws were pretty much there for life if they so wished. Obvously there were routes to take, but when you bought to let, that's what you did. Renting out your house was a HUGE risk.

Even so, in the early 80's, a friend of mine found himself with a rented house where the tenants refused to pay rent. They were trying it on and it was a "bedsit house" typical of the room to let London we know and love. Basically, one of them had difficulties and decided to get the others to join in and just not pay - for whatever cooked up reason they decided on. He first went in with all guns blazing threatening this, that and the other. Big mistake. Then he didn't pay bills and thus had services terminated. They had been well informed and soon after he received a letter from a solicitor telling HIM that HE was breaking the law. Keep in mind he hadn't had any rent for 6 months.

Cut a long story short, he then took the route he should have taken from month one of no rent. Within another 6 months or so they were out. But it took more than 12 months and a court case for them to leave the house. As they pleaded poverty and had no assets to talk off, he had to grin and bear it. Not sure what the bottom line was - if they had to pay him 50p a month for a thousand years or what - but it was hell on earth and the house was sold soon after.

Lesson for me was - never, ever, ever rent your one and only home and hope to have no issues with tenants.

Xose


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## mrypg9 (Apr 26, 2008)

Xose said:


> ,
> 
> Lesson for me was - never, ever, ever rent your one and only home and hope to have no issues with tenants.
> 
> Xose


Very wise words.
The experience we had with the one bad tenant put us off -we were excellent landlords, though I say it myself. After that experience, we sold our properties and have now spent all the money!!!


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