# Consumer Protection for Tenant



## clixby53 (Oct 4, 2014)

I am renting a furnished T1 apartment in Vilamoura on a long term rental agreement.

The microwave oven stopped working. I reported this to the agent who in turn reported it to the French apartment owners.

I would point out that it is a simple oven, only an on off timer switch and a power selector. No grill and no fancy additions. It can be renewed for 50-70€ for sure.

The owner refuses to replace the unit on the basis that it was working and thus I have broken it.
Also I have been told that the unit was new last year (2016).
However in a drawer I have discovered the microwave instruction and warranty document. It was purchased in April 2012. So it is 5 years old.

The agent has taken the unit away (at my request) to see if the problem can be fixed easily. Perhaps it is an internal fuse that has blown. or something easily remidied.

I took the oportunity to ask the agent what the situation would be if the Fridge/Freezer or the washing machine, oven etc. would fail. Would I be held to repair and/or replacement costs.
The answer was clear. Yes, if you are the tenant and everything is working when you move in, everything must be working when you move out. The tenant is responsible.

There must be some consumer protection and basic rules for a tenant and landlord covering electrical houshold equipment and responsibilities.
If I break a glass or a chair or damage something through my misuse then obvisously I have to repair or replace.
But if the TV stops working am I responsible to repair or replace, just because I switched it on?

Anyone had similar experiences or can offer some advise.


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## Strontium (Sep 16, 2015)

Your rental agreement and inventory will cover furniture fixtures and fittings and if you are not happy with the clauses and responsibilities you will be agreeing to then don't sign it. Just buy a new one for 50 and give it, happily, to your landlord and move on with your life without getting wound up by all that "I know my rights" British dogmatism / inferiority complex.


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## azoreseuropa (Nov 10, 2013)

I prefer to renting a unfurnished over furnished.


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## paperdetective (Oct 20, 2014)

azoreseuropa said:


> I prefer to renting a unfurnished over furnished.


I second that, especially in Spain. The owners generally try to get out from under their commitments and then it is best if you only need to debate the bare bones of a rental. Still, it can be a pain to get furnaces, cables, pipes, leaking windows fixed.
I also noticed it rarely is amicably, but they easily lawyer up instead of seeing taht it is good to have a renter who helps improving their property.
Take especially care renting from the 'inheriting generation', the young people inheriting a home from their Spanish parents, often living far away and often not caring one bit if their second inherited house falls apart. They also generally do not plan to put one sou into maintenance of that property. 
It is no surprise there are over 1 million uninhabited homes in Spain and over 1400 uninhabited towns in Galicia alone.
Take all that into account before renting. No it is not a mere 'move on' issue, as you will encounter this issue most of the times. In Spain protecting oneself legally is a MUST! It is a legal jungle here and the strongest survives. That is how the culture is under the veneer.
If you choose to live here it is hoew it is, a trade off for the many benefits. In a way you have more freedom but with that you need more protection.

Peter


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## clixby53 (Oct 4, 2014)

Peter
You are talking about Spain. This is a Portugal forum?

Regards
Richard


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## clixby53 (Oct 4, 2014)

azoreseuropa said:


> I prefer to renting a unfurnished over furnished.


It's nearly impossible to find unfurnished apartments to rent. Especially here in Vilamoura.


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## paperdetective (Oct 20, 2014)

clixby53 said:


> Peter
> You are talking about Spain. This is a Portugal forum?
> 
> Regards
> Richard


Sorry, Richard, I always get confused as it is just across our border and we go there a lot and are planning to move there from across the river.
The point remains the same though for teh most part.
Living in both these rather anarchistic countries requires protection. 
Otherwise they are great places to live.
It is different from what many in other countries are used to as far as everything being already organized. One is more independent so more responsible for one's own deals.
With Portugal one has additional complications that many landlords are abroad. The French own a lot of real estate there, especially here in the North. That makes getting repairs done difficult. It is a trade off. One should check if an owner is nearby or not and if he has made arrangements for repairs and what they are. Also check out agents ahead of time. Often they do not have good mandates.
Our owner is also 6 1/2 hours away and that makes it much harder. Common issue with most coastal areas here.
As to 'moving on' in Portugal, there is far less rental property available there so it is not that easy to just 'throw in the towel'. Unless you can afford real high end property. Plus in the season it is virtually impossible as prices are different then and inventory is much tighter. That's the life of a renter and is why my wife is promoting us buying a house instead. Not sure if that is a solution given how one is then held hostage by government.
Peter


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## MrBife (Jul 26, 2009)

The agent is bluffing
If you rent an apartment with, for example, a washing machine and air conditioning and either one of those things fail for reasons that are not related to 'misuse'. Then the owner of the property is obliged to maintain things at his cost.

If the owner fails to do so within a reasonable time period then it would be reasonable to fix them yourself and deduct the cost of doing so from the rent payment. This should be confirmed in writing prior to you actually doing it in case there was some kind of repair planned already that you didn't know about.


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## clixby53 (Oct 4, 2014)

paperdetective said:


> Sorry, Richard, I always get confused as it is just across our border and we go there a lot and are planning to move there from across the river.
> The point remains the same though for teh most part.
> Living in both these rather anarchistic countries requires protection.
> Otherwise they are great places to live.
> ...


Peter

No problem. Generally you are correct.
We actually moved here, Vilamoura, having lived on Madeira for eight years.
We move back to Madeira in November. Summer is too hot and madhouse. Winter too cold and too quiet, in fact it's closed 
But it's been quite an education.


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