# Landlord Problems



## Lynsey0611 (Jan 19, 2011)

Okay very long story here but ill try to cut it short.

I was renting an apartment here in Spain and had a contract for 11 months. Recently I have had to move out and terminate the contract due to dampness which made me unable to sleep in my room. I then moved in with a friend, in the same apartment block and with the same landlord as my previous apartment.

I was under the impression that I would get my deposit back as i had moved out due to the apartment being uninhabitable. But have since been told I will not be getting it back but as a gesture of "goodwill" the landlord will take the electricity and water bills from that.

Also i moved out on the 12th of the month and was told that I would be getting all of my rent back for that month.

So I was pretty p****d off when I got not even half of my rent back today.

If anyone has any advice or even knows who I can speak to about this I would really appreciate it as it is alot of money and I dont want to give up!


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## jojo (Sep 20, 2007)

Lynsey0611 said:


> Okay very long story here but ill try to cut it short.
> 
> I was renting an apartment here in Spain and had a contract for 11 months. Recently I have had to move out and terminate the contract due to dampness which made me unable to sleep in my room. I then moved in with a friend, in the same apartment block and with the same landlord as my previous apartment.
> 
> ...


I've yet to hear of anyone getting their deposit back, regardless of circumstances or conditions. 

Jo xxx


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## xabiaxica (Jun 23, 2009)

jojo said:


> I've yet to hear of anyone getting their deposit back, regardless of circumstances or conditions.
> 
> Jo xxx


yes, unfortunately it's all to common for landlords to find spurious reasons to not return deposits


which is why so many experienced tenants simply don't pay the last month (or whatever the deposit is) rent


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## djfwells (Sep 28, 2009)

Assuming that your contract was a contract "Vivienda" and that it was fully legal (In both Spanish and English), then I would go and speak with OMIC. If not, then you will just have to put this one down to experience.


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## Lynsey0611 (Jan 19, 2011)

djfwells said:


> Assuming that your contract was a contract "Vivienda" and that it was fully legal (In both Spanish and English), then I would go and speak with OMIC. If not, then you will just have to put this one down to experience.


Thanks for you replies everyone.
The contract was fully legal although only in Spanish (I am bilingual) I will write to the OMIC and see what I can do as it is alot of money and I just dont see how the landlord can get away with this.


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## mrypg9 (Apr 26, 2008)

djfwells said:


> Assuming that your contract was a contract "Vivienda" and that it was fully legal (In both Spanish and English), then I would go and speak with OMIC. If not, then you will just have to put this one down to experience.


The OP stated that her contract was for eleven months and therefore 'temporada'.


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## xabiaxica (Jun 23, 2009)

mrypg9 said:


> The OP stated that her contract was for eleven months and therefore 'temporada'.


even so, it's a legal contract & the place is supposed to be habitable

I'd still go to OMIC


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## mrypg9 (Apr 26, 2008)

xabiachica said:


> even so, it's a legal contract & the place is supposed to be habitable
> 
> I'd still go to OMIC


Oh yes, of course she should.
I was interested as from what I've read, vivienda i.e. five year contracts seem to be rare.


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## thrax (Nov 13, 2008)

In all my research to find accommodation before I moved here - about 3 years worth - I didn't come across a single example of a 5 year contract. We had some slight damp problems in December here, well about 3 inches of water in half the villa. The landlords told us it wasn't their fault but the fault of a neighbour who had selfishly planted fruit trees causing the drainage from the land to go a different way, ie into our villa. We went from a 3 bed 3 bath villa to 1 bed 1 bath. The agents said that as it wasn't the landlords fault we couldn't leave without losing our deposit and that we still had to pay the full rental cost even though we no longer had what we originally contracted for. Spain, you love it or you hate it. We haven't given up yet and we also think the advice not to pay the final month's rent is spot on. Heard of many others doing just that, but make sure you have somewhere else to go to.....


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