# Rental Contract - Advice please



## mrnkar (Feb 25, 2011)

Just wanted a bit of advice regarding a 11 month contract due to end in June but we have had to terminate early & return to the Uk due to a serious health issue with my husband occuring there, at end of January. The property is owned by an English guy but rented out by an agent in Spain. The agent seemed very good when I told them my reasons to leave & said they would contact the owner regarding getting my 2 month security deposit back. I had also paid another months rental on 20th give notice to leave on 25th & left on 31st . The agent had agreed to come to apartment check it over & get keys back but failed to turn up, I tried to contact them but was unable to do so & so I left a note & keys & closed the door behind me. After arriving back in UK I sent an email enquiring about my depositl & had a reply thanking me for leaving keys & that they were still discusing with the owner about getting part if not all of the deposit returned. After not hearing anything back I decided to write to the owner to tell them the circumstances of me having to leave early & ask about my deposit. Imagine my surprise when he didn't even know I had left. His name is on it and I thought that's who my contract is with. He told me he had signed a comprehensive document drawn up by agents for them to find suitable tenants and manage the property. He was not aware of the deposit I gave to them which they retain or the detail of the contract that I signed. He then contacted the agents and was told by them that they were doing all they could within the contract to resolve the matter and they would be in touch with me shortly. I don't expect all the deposit back but as maybe some & wondered if my contract was legal. I have still not heard anything back from agents & wondered what my next move should be. Thankyou.


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## xabiaxica (Jun 23, 2009)

mrnkar said:


> Just wanted a bit of advice regarding a 11 month contract due to end in June but we have had to terminate early & return to the Uk due to a serious health issue with my husband occuring there, at end of January. The property is owned by an English guy but rented out by an agent in Spain. The agent seemed very good when I told them my reasons to leave & said they would contact the owner regarding getting my 2 month security deposit back. I had also paid another months rental on 20th give notice to leave on 25th & left on 31st . The agent had agreed to come to apartment check it over & get keys back but failed to turn up, I tried to contact them but was unable to do so & so I left a note & keys & closed the door behind me. After arriving back in UK I sent an email enquiring about my depositl & had a reply thanking me for leaving keys & that they were still discusing with the owner about getting part if not all of the deposit returned. After not hearing anything back I decided to write to the owner to tell them the circumstances of me having to leave early & ask about my deposit. Imagine my surprise when he didn't even know I had left. His name is on it and I thought that's who my contract is with. He told me he had signed a comprehensive document drawn up by agents for them to find suitable tenants and manage the property. He was not aware of the deposit I gave to them which they retain or the detail of the contract that I signed. He then contacted the agents and was told by them that they were doing all they could within the contract to resolve the matter and they would be in touch with me shortly. I don't expect all the deposit back but as maybe some & wondered if my contract was legal. I have still not heard anything back from agents & wondered what my next move should be. Thankyou.


hi & welcome

it really depends upon the exact wording of your contract

have a read of this recent thread along thesame lines - it might answer some of your questions

http://www.expatforum.com/expats/spain-expat-forum-expats-living-spain/71337-11-month-rentals-help-please.html


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## jojo (Sep 20, 2007)

IMO it would be a cold day in hell before anyone ever gets their deposits back!! Er... sorry if I sound cynical, but thats how it seems to me. I'm sure the contract is legal as long as you agreed and signed it and the owner agreed and signed it???

Jo xxx


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## xabiaxica (Jun 23, 2009)

jojo said:


> IMO it would be a cold day in hell before anyone ever gets their deposits back!! Er... sorry if I sound cynical, but thats how it seems to me. I'm sure the contract is legal as long as you agreed and signed it and the owner agreed and signed it???
> 
> Jo xxx


you're right, of course, although it's worth a try if the contract allows for it

but there might be the other case, as with yours, in that there are penalties if you leave before the 11 months is up

in which case it might be better to keep shtum unless the agent/owner starts pushing for even more money!!


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## mrnkar (Feb 25, 2011)

jojo said:


> IMO it would be a cold day in hell before anyone ever gets their deposits back!! Er... sorry if I sound cynical, but thats how it seems to me. I'm sure the contract is legal as long as you agreed and signed it and the owner agreed and signed it???
> 
> Jo xxx


Thanks for reply but that's why I am asking as the owner has never seen my contract never mind signed it. According to him everything is done by the agent but I had a similar contract with another agent previously & it was signed by the owner as well as the agent & me.


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## xabiaxica (Jun 23, 2009)

mrnkar said:


> Thanks for reply but that's why I am asking as the owner has never seen my contract never mind signed it. According to him everything is done by the agent but I had a similar contract with another agent previously & it was signed by the owner as well as the agent & me.


the owner of our house doesn't live in Spain & has a written agreement with the agent

our contract has the owner's name on it but states that he is_ representado por_ (represented by ) the agent & the agent actually signed the contract


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## jojo (Sep 20, 2007)

The owner of my house doesnt live in Spain either. Nor did he see the contract or sign it. Which is why in our case the owner now wants the house back before the contract is up! Even now, before things get nasty for us, I have no doubt that my deposit is never, ever gonna be returned to me! If nothing else its too costly, complicated and time consuming to fight for it!

Jo xxx


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## xabiaxica (Jun 23, 2009)

jojo said:


> The owner of my house doesnt live in Spain either. Nor did he see the contract or sign it. Which is why in our case the owner now wants the house back before the contract is up! Even now, before things get nasty for us, I have no doubt that my deposit is never, ever gonna be returned to me! If nothing else its too costly, complicated and time consuming to fight for it!
> 
> Jo xxx


but it sounds as if the owner of your house didn't have an agreement with the agent to rent it out - just to sell it?


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## jojo (Sep 20, 2007)

xabiachica said:


> but it sounds as if the owner of your house didn't have an agreement with the agent to rent it out - just to sell it?


Who knows what is going on with my house!? The "old man" is back this weekend, he's the Brains!

Jo xxx


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## dinnow (Feb 14, 2011)

Jo - so don't fight for it. Change the locks and don't pay the last month's rent assuming your deposit is one month. Let them fight to get it out of you.
mrnkar - I'd just forget it. You've no chance of getting it back from agents who are obviously dodgy. 
But both contractas sound decidedly iffy. In neither case does the party you are contracting with have the right to let the property unless he has the equivalent of a power of attorney from the owner which should be attached to your contract. And I thought that the law said that you could take one month's rent as a security deposit on residential lets and two months on commercial. Or was it the other way round?


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## xabiaxica (Jun 23, 2009)

dinnow said:


> Jo - so don't fight for it. Change the locks and don't pay the last month's rent assuming your deposit is one month. Let them fight to get it out of you.
> mrnkar - I'd just forget it. You've no chance of getting it back from agents who are obviously dodgy.
> But both contractas sound decidedly iffy. In neither case does the party you are contracting with have the right to let the property unless he has the equivalent of a power of attorney from the owner which should be attached to your contract. And I thought that the law said that you could take one month's rent as a security deposit on residential lets and two months on commercial. Or was it the other way round?


you're right - it's one month for residential, although I have been quoted 2 & 3 months by various agents as being the law

one 'agent' I met had actually paid 3 months deposit on her rental - the agent she rented from (before she became one herself) had convinced her that it was a legal requirement


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## mrnkar (Feb 25, 2011)

xabiachica said:


> the owner of our house doesn't live in Spain & has a written agreement with the agent
> 
> our contract has the owner's name on it but states that he is_ representado por_ (represented by ) the agent & the agent actually signed the contract


Thanks for all your replies. I have checked my contract and it doesn't say represented by. I wouldn't have minded if he told me when I gave notice that I would lose my deposit but the fact he told me he would contact the owner regarding it & then email me and say he was still in discussion with the owner about getting it back, then I later discovered the owner knew nothing about my leaving & it is the agent that holds the deposit. I think I will put it all down to a bad experience and if & when I get to return to Spain in the future I will know who to stay well clear of.


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## sunshineseeker (Apr 10, 2009)

not a reply but another question about contracts, I am going through a similar situation and the contract was in english not in spanish, was i supposed to sign a spanish contract to make it legal?


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## xabiaxica (Jun 23, 2009)

sunshineseeker said:


> not a reply but another question about contracts, I am going through a similar situation and the contract was in english not in spanish, was i supposed to sign a spanish contract to make it legal?


simple answer - yes

however, if the property is or was your only or main residence it doesn't matter - the LAU still applies


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## mrypg9 (Apr 26, 2008)

Most absentee landlords rely on agents to handle their properties here, nothing unusual about that. Contracts seem to come in various shapes and sizes heretoo.
In the UK, if money is exchanged for goods or services a contract is implied. Perhaps it's the same here.
The fact is that the OP signed a contract to rent a property for a fixed period of time then for valid reasons reneged on that contract. So the landlord via the agent is left with a property for which s/he must now try to find another tenant. S/he is entitled to withhold any deposit since, although the reason for so doing is a perfectly good one, the OP has broken the terms of the contract.
I have been a landlord and am now a tenant so can see both sides of this. I would personally retain the deposit in this case.
Landlords are in the business of renting to make money and even charitable housing associations who are non-profit associations would insist on contractual terms being observed too.
Otherwise there would be anarchy in the rental market and contracts would be meaningless.
There is another side to this too. THe OP's contract expires in June so was presumably dated from July, covering the summer months. The rent would be calculated on a long-term and not a holiday let basis, and would be much lower.
A friend rented her property to a couple via an eleven month contract which began in July of this year. After spending two months at the height of the season they left and went back to the UK also claiming health reasons but told friends they had never intended to stay for eleven months but couldn't afford holiday season rental prices. They demanded their deposit back.
My friend is not a wealthy woman and is obliged to rent what was her home as she lost her job. She and her daughter were living with a kind friend whilst their house was rented. She has taken legal action against the tenant but I fear she is wasting time and money.
The going rate for July and August was three times the long-term rent. These people were calculating and cynical.
I'm just putting another point of view...


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## xabiaxica (Jun 23, 2009)

mrypg9 said:


> Most absentee landlords rely on agents to handle their properties here, nothing unusual about that. Contracts seem to come in various shapes and sizes heretoo.
> In the UK, if money is exchanged for goods or services a contract is implied. Perhaps it's the same here.
> The fact is that the OP signed a contract to rent a property for a fixed period of time then for valid reasons reneged on that contract. So the landlord via the agent is left with a property for which s/he must now try to find another tenant. S/he is entitled to withhold any deposit since, although the reason for so doing is a perfectly good one, the OP has broken the terms of the contract.
> I have been a landlord and am now a tenant so can see both sides of this. I would personally retain the deposit in this case.
> ...


I wonder what the final outcome was............it's a thread from February

while I can see your point - the law states that the LAU applies if a property is a main or only residence....._regardless of what it actually says in the contract_...............and IMO the owner & agent should be aware of this & take it into account when renting out property

I bet if they wanted it back 'early' they'd want to give the tenants a month notice..............which is all the law requires


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## mrypg9 (Apr 26, 2008)

xabiachica said:


> I wonder what the final outcome was............it's a thread from February
> 
> while I can see your point - the law states that the LAU applies if a property is a main or only residence....._regardless of what it actually says in the contract_...............and IMO the owner & agent should be aware of this & take it into account when renting out property
> 
> I bet if they wanted it back 'early' they'd want to give the tenants a month notice..............which is all the law requires


My main point is that here in Spain, landlords, especially those who live outside Spain, are taking huge risks when renting.
Yes, I know there are evil landlords, I've worked in the voluntary housing sector, but my personal experience with my own properties, my family's properties and properties rented out by friends is of difficult if not downright evil tenants.
Our Austrian landlord rents a house to a Spanish couple who have paid no rent for months. His lawyer told him it would cost him hugely in legal fees to evict them, they will continue living rent-free and when they leave will not be held to account for any damage to his property. His total losses could exceed 4000 euros.
I 'manage' my dil's property. The last tenants left an undescribable mess. This is far too often the case.
For many people renting their houses is a necessity - they have borrowed to purchase them and need the income to repay the mortgage.
Whilst I would dispute the wisdom of this it's a common practice. Renting is a business and should be conducted on business-like terms by both parties.
When I used an agent I didn't want to know what was happening to the properties. I just wanted to see the rent come into my bank account each month. That's what I paid the agent a hefty percentage to do.


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