# rental rant



## xabiaxica (Jun 23, 2009)

*bit of a vent

why do some rental agents either not know, or choose to ignore, rental law??

have been told this morning about someone who has signed an 18 month contract for a villa & wants to move out - is under the impression that will lose the THREE MONTHS deposit if does so. They want to leave because they have one problem after another with the property

1) long term contracts signed after June this year (as this was) have to be for 6 or 12 months & are automatically renewed
2) only 30 days notice to leave is required 
3) there is no provision for deposits to be retained if you don't stay til the end of the contract - they are only to be used to pay any outstanding utility bills or damage
4) no matter what the contract says - the LAU overrides it if the property is the tenant's home
5) THREE MONTHS deposit PLUS a month to the agent is not 'normal' or 'law'. The law requires only one or two months depending on whether or not it is furnished.

rant over*


----------



## snikpoh (Nov 19, 2007)

xabiachica said:


> *bit of a vent
> 
> why do some rental agents either not know, or choose to ignore, rental law??
> 
> ...


Quit agree - just a couple of questions;

The notice period of 30 days - is this the default position which can then be overridden by the contract or have I dreamt this?

I thought that the fianza could only be used for repairs and NOT for bills?


----------



## xabiaxica (Jun 23, 2009)

snikpoh said:


> Quit agree - just a couple of questions;
> 
> The notice period of 30 days - is this the default position which can then be overridden by the contract or have I dreamt this?
> 
> I thought that the fianza could only be used for repairs and NOT for bills?


it can be used for outstanding bills - in other words my fianza can be used for any bills I don't pay before I leave. The owner/agent is allowed to hold on to the fianza for (I think) a month after the tenant leaves for this reason ( I think it's a month - not I think that they can hold it) 

the contract can only override the LAU if it specifically states that it does - if it doesn't, then the LAU overrides the contract



this actually gets worse - the reason behind my rant has just messaged me that her contract says she would have to pay the rest of the 18 months if they move out early 

they've had no end of problems since day 1 - & the agent is no help at all


----------



## CapnBilly (Jun 7, 2011)

xabiachica said:


> is under the impression that will lose the THREE MONTHS deposit if does so.


The can be a clause in the contract which allows a penalty of one months rent for every year of the terminated lease that remains, or proportionate if it is less.




xabiachica said:


> 2) only 30 days notice to leave is required
> 
> 
> snikpoh said:
> ...


Any of the terms of a lease can be agreed by both parties, the law just states the minimum period of notice. 



xabiachica said:


> 3) there is no provision for deposits to be retained if you don't stay til the end of the contract - they are only to be used to pay any outstanding utility bills or damage
> 
> 
> snikpoh said:
> ...


The deposit can be used to ensure that the terms of the lease are fulfilled, so can include utility bills. This is why the landlord has 30 days after the handover of the keys during which to return the deposit.


----------



## xabiaxica (Jun 23, 2009)

CapnBilly said:


> The can be a clause in the contract which allows a penalty of one months rent for every year of the terminated lease that remains, or proportionate if it is less.
> 
> 
> 
> ...


expecting payment for the FULL 18 months is rather OTT though.........

I think what has annoyed me the most about this, is that they were told in no uncertain terms that this is 'normal' & 'the law'

that every problem they have had has been met with a shoulder shrug & 'this is Spain' when most are easily rectified

& that the agent DOES have a management deal & yet expects the tenant, who doesn't yet speak Spanish, to deal with everything themselves


----------



## CapnBilly (Jun 7, 2011)

xabiachica said:


> expecting payment for the FULL 18 months is rather OTT though.........
> 
> I think what has annoyed me the most about this, is that they were told in no uncertain terms that this is 'normal' & 'the law'
> 
> ...


Sorry, I think my response was delayed, as it didn't show that you had responded before I posted .

I agree and would suggest that those terms are "unreasonable" and therefore unenforceable. Having said that, I presume that they did not know about the term in the contract when they signed it. The problem is, they have 3 months deposit, and although they are entitled to that back, as we know, it won't be that easy, even if the law is on their side. 

I presume they have documented the problems they have been having.


----------



## xabiaxica (Jun 23, 2009)

CapnBilly said:


> Sorry, I think my response was delayed, as it didn't show that you had responded before I posted .
> 
> I agree and would suggest that those terms are "unreasonable" and therefore unenforceable. Having said that, I presume that they did not know about the term in the contract when they signed it. The problem is, they have 3 months deposit, and although they are entitled to that back, as we know, it won't be that easy, even if the law is on their side.
> 
> I presume they have documented the problems they have been having.


well they did sign to the 18 months - but only because they were convinced by the agent that it was 'normal' 'standard' & 'the law'

yes, the 3 months deposit is a bit of a sticking point


----------



## CapnBilly (Jun 7, 2011)

xabiachica said:


> well they did sign to the 18 months - but only because they were convinced by the agent that it was 'normal' 'standard' & 'the law'
> 
> yes, the 3 months deposit is a bit of a sticking point


Well, techically its fraudulent, because they were wilfully misled, but I guess they haven't got that in writing. I think the worst case for them is that they will lose their 3 months deposit. So it depends on how bad the problems are. 

As they now know the law (as advised by you, and you can tell them the article numbers etc) they could try completing a "hojas de reclamaciones". That might generate some movement. I am guessing that the penalty clause may be in the contract, so they could try and negotiate on that, insofaras , under the law they would be liable to pay a month.

A lawyers letter would be better, but of course that's into shelling out more money.


----------



## gus-lopez (Jan 4, 2010)

I'd be after the agent with the Hojas as well !


----------



## mrypg9 (Apr 26, 2008)

xabiachica said:


> expecting payment for the FULL 18 months is rather OTT though.........
> 
> I think what has annoyed me the most about this, is that they were told in no uncertain terms that this is 'normal' & 'the law'
> 
> ...


Thinking of the very helpful advice you gave me..perhaps you should set up a kind of Citizens Advice Bureau as a sideline to your teaching!


----------



## xabiaxica (Jun 23, 2009)

mrypg9 said:


> Thinking of the very helpful advice you gave me..perhaps you should set up a kind of Citizens Advice Bureau as a sideline to your teaching!


not enough hours in the day/days in the week!!

I have a new group starting in January - I haven't advertised it - & it's full!

regarding rentals

I just gave my landlord a month notice - finally the perfect property in the perfect place (200m away) & at the perfect price (_much_ cheaper) came up for rent - I DO love this house - but it's way too big for just 3 of us - & elder daughter will be off to uni before I know it too!!

he cried


----------



## mrypg9 (Apr 26, 2008)

xabiachica said:


> not enough hours in the day/days in the week!!
> 
> I have a new group starting in January - I haven't advertised it - & it's full!
> 
> ...


That's good to hear. You deserve good luck with rentals too.


----------



## Pesky Wesky (May 10, 2009)

xabiachica said:


> not enough hours in the day/days in the week!!
> 
> I have a new group starting in January - I haven't advertised it - & it's full!
> 
> ...


He cried?!!


----------



## xabiaxica (Jun 23, 2009)

Pesky Wesky said:


> He cried?!!


we've known him 10 years - he cried when my husband died too

we've been good tenants for 2.5 years & I truly think if he had been able to drop the rent more he would have if he thought we'd stay

but this house IS too big - & it's time for the 3 of us & the 4 (maybe 5 ) cats to start a new chapter in a new home

he's taking me out for dinner in the new year to say thanks


----------



## Pesky Wesky (May 10, 2009)

xabiachica said:


> we've known him 10 years - he cried when my husband died too
> 
> we've been good tenants for 2.5 years & I truly think if he had been able to drop the rent more he would have if he thought we'd stay
> 
> ...


Ahh, what a sweetie.


----------



## gus-lopez (Jan 4, 2010)

That'll be out of the deposit ! :lol:
:behindsofa:


----------



## xabiaxica (Jun 23, 2009)

gus-lopez said:


> That'll be out of the deposit ! :lol:
> :behindsofa:


After I get it back


----------

