# Please Help - Spain Tenants Rights?



## Evabeaver (Jan 12, 2011)

HI All

I was wondering if anyone can give me some advice?

I have a 12 -24 month contract for a flat in Barcelona (it says this is negotiable on the contract)

I am four months into the contract and my landlord called me a week ago on 04/01 and told me I need to be out of the flat by 28/01 latest as he will be in trouble if we dont. 
He said he has been advised that the flat is not in a fit state to live in in regards to numerous things (eg - no hot water and at times there is no water at all for 24 hrs, issues i have raised to him over the 4 months to which he has replied that its not his problem) He said he will be fined up to 15000 euros if when the flat is inspected it is discovered we have been there.

So, now he advises we can leave on 31st BUT he will not be returning my deposit till after I leave. The problem is due to the short notice and the time of year I am completely unable to pay a deposit on another place without him paying my original deposit back. 

Even though i believe hes acting illegally, he is now being aggressive and telling me he is going to throw my things in the street! 

I cannot find any info on internet in regards to my rights in this situation.

Can someone help.

1. Should he give me written notice?
2. How much notice should he provide?

Id really appreciate some tips! Im worried and scared of whats going to happen to me

Thanks


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## jojo (Sep 20, 2007)

Evabeaver said:


> HI All
> 
> I was wondering if anyone can give me some advice?
> 
> ...


Hhhhmm, scary. I dont know much, but if I were in your position, I'd first of all get myself somewhere else lined up - simply incase he does throw you out and then I'd denounce him - I doubt he's been paying tax on your rent, he's breaking contract (are there any clauses in there that give him the right to ask you to leave at short notice??) and he's witholding your deposit. I also believe you do have squatters rights, but that could get messy???

But you need to see an abogado asap


Jo xxx


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## xabiaxica (Jun 23, 2009)

jojo said:


> Hhhhmm, scary. I dont know much, but if I were in your position, I'd first of all get myself somewhere else lined up - simply incase he does throw you out and then I'd denounce him - I doubt he's been paying tax on your rent, he's breaking contract (are there any clauses in there that give him the right to ask you to leave at short notice??) and he's witholding your deposit. I also believe you do have squatters rights, but that could get messy???
> 
> But you need to see an abogado asap
> 
> ...


absolutely - denounce him as a first step - that should scare hime enough to get you your deposit back

see an abogado too

it does sound as if he has been letting illegally


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## xicoalc (Apr 20, 2010)

Hi & welcome!

Ok, a few things about contracts. Firstly anything less than 12 months is usually a "temporary" contract whereby the alndlord can ask you to leave at the end of your term. Anything over 12 months carries a lot more weight for the tenant and you should have to right to renew it for up to five years.

A contract that says "negotiable" is unusual and I would be interested to see in more detail what this means. The law in Spain really does favour tenants. I assume you have paid your rent up to date and there are no issues or breaches on your side of things?

Assuming this is the case then I would be firstly wanting a full refund of all monies paid for the rent whilst the flat is in such a bad condition. Water is a basic necesity and frequent times without water is a serious issue. Does the water get billed to you from the water company or do you simply pay the landlord? If you pay the supplier direct then what have they said about the issue? Why do you loose water? I was in a property without mains water (builders supply) and iin the first winter we had frequent water cuts. My abogado informed my landlord we would take action if this wass not resolved and low and behold within a few weeks we had a proper reliable connection restored.

Anyway back to the part about him wanting you out. The word "negotiable" is worrying. Really a contract should specify your rights and the landlords. Does your contract say "Por Temporada" or "Vivienda"? If it says Vivienda then he can´t chuck you out for 5 years if you remain within the terms of your contract. "Negotiable" does sound worrying and as Jo said, you need to really see what exactly it says and what he can do to ask you to leave. Usually contracts are straight forward in Spain... Anything up to one year is temp, 1 year or more is permanent.

I would do what Jo says, find a place first. Then tell the landlord you want all your money back PLUS deposit PLUS a payment towards the cost of moving and for the inconvenience. Tell him that unless he agrees to this in writing you will go to the police and "denounce" him, which basically means report him. He stands to loose a lot of money if you stay and he gets fined, and if you go then you have a lot of hassle. To be honest its unlikely he will give in to all of your demands but at the very least I would want the deposit back at the time you hand the keys... if not, don´t leave and let him get fined!

As for the agression, don´t stand for that. Call the police. If the contract is legal and in your favour then they will be there for you, not for him. EVEN if you are at the end of a contract, he cannot physically throw you out. In the event of a bad tenant refusing to leave (which I am not suggesting you are), he would always have to get a court order to have you forcefully evicted.

Ultimately if the place is as bad as it appears then you want out anyway I presume. But don´t let him intimidate you. I must always say it is adviseable to get a lawyer onboard in matters like this but obviously I know sometimes money doesnt permit that.

Let us know what happens. Good luck!


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## Pesky Wesky (May 10, 2009)

Hi Eva,
horrible situation to be in.
As far as I understand you need to get your money back from the landlord before you can afford a new place, isn't that right?
You may be able to report this guy to the police, but I don't think that will help you in the here and now.
Going to a lawyer is another idea, but you need money to do that, and I'm guessing if you need your deposit back you're not going to have a lot of lawyer money lying around.
IMO you need to go to your nearest OMIC which is like a citizens advice bureau. Here's some info about it
Teléfono: 93 402 78 41
Fax: 93 402 78 27
E-mail: *omic*@bcn.cat
Metro
L3 verde estación Paral.lel
L2 lila estación Sant Antoni
Autobús
L-20-24-64-91 Rda. Sant Pau
L-20-36-57-64-91-157-220 Paral.lel 
L-20-24-64-220 Rda. Sant Antoni
Tren - RENFE (Pl. Catalunya)
Ferrocarrils de la Generalitat de Catalunya
And here's the web in Spanish
Oficina Municipale Consumidor | Web de la ciudad de Barcelona
Hope you can get smth sorted out.


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## Evabeaver (Jan 12, 2011)

HI all

Thanks so much for your help and time

Definitely want to leave the flat its awful I just want some place to go to 

Im looking into everything you said and will let you all know how it unfolds!


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## djfwells (Sep 28, 2009)

If you hold a long term rental contract and feel that you are not being treated fairly, visit the nearest municipal consumers' office (OMIC - Oficina Municipal de Información del Consumidor). Here you should be able to present your case to someone knowledgeable in consumer affairs and obtain advice. Personnel at these offices can also help you to take complaints through the appropriate channels. To help them to help you, you should take your rental contract with you and any receipts or other documents that could be of use.


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