# 11 month rental contract



## rherron75 (May 13, 2012)

Hi. I moved into a rental property with a letting agent which is a bank repossession on the first of November, after 3 weeks I was informed that the properties were being sold and I would not get my contract renewed I have an 11 month contract. Other tenants of the urbanisation have been allowed to move out. When I asked what notice I had to give I was advised I could not move out until my contract ended and that the other people took advantage of misinformation that was given that we could all move out without penalty. I was also given this info but when I queried it she lied and said she had told me I had to stay and that the banks will not refund my deposit if I leave early. I left a 2 month deposit and can't afford to lose it. Any advice on this will be much appreciated.


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## jojo (Sep 20, 2007)

rherron75 said:


> Hi. I moved into a rental property with a letting agent which is a bank repossession on the first of November, after 3 weeks I was informed that the properties were being sold and I would not get my contract renewed I have an 11 month contract. Other tenants of the urbanisation have been allowed to move out. When I asked what notice I had to give I was advised I could not move out until my contract ended and that the other people took advantage of misinformation that was given that we could all move out without penalty. I was also given this info but when I queried it she lied and said she had told me I had to stay and that the banks will not refund my deposit if I leave early. I left a 2 month deposit and can't afford to lose it. Any advice on this will be much appreciated.



a lot depends on the wording on your contract ! 

But let me get this straight. You're in a property and apparently have to stay there til October, eventho everyone else has moved out?????

Jo xxxx


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## rherron75 (May 13, 2012)

There are a few of us left. But yes I again had confirmation today that if I leave I will lose all of my deposit, I believe they knew the leases would not be renewed before I moved in.


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## jojo (Sep 20, 2007)

rherron75 said:


> There are a few of us left. But yes I again had confirmation today that if I leave I will lose all of my deposit, I believe they knew the leases would not be renewed before I moved in.


Right! The wording on the contract matters!! It should have clauses covering these issues, such as notice period, whats covered etc. It must also be in Spanish

Jo xxx


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## rherron75 (May 13, 2012)

It is in Spanish. I also have an English "long term rental" conditions which state I will lose a month's deposit if I leave early. Hmm I think I have been stitched up.


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## jojo (Sep 20, 2007)

rherron75 said:


> It is in Spanish. I also have an English "long term rental" conditions which state I will lose a month's deposit if I leave early. Hmm I think I have been stitched up.



some folk would suggest that you dont pay the last month, before you leave deposit:tape2: 

Jo xxx


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## rherron75 (May 13, 2012)

Thank Jo. I shall investigate this further xx


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## CapnBilly (Jun 7, 2011)

There's good news and bad news. First the good news. Under the law on renting (Ley de Arrendamientos Urbanos (or LAU)) you can after 6 months cancel the contract. You how to give 30 days notice. So sometime in April you should write and say you are giving notice of termination in accordance with Article 11 of ley 29/1994.They have to return your deposit within 30 days of you handing back the keys, and it can only be retained to cover any damage to the property or outstanding utilities. If you don't get it back, post again, for more information. If you can, try and agree the condition of the property on the day you leave.


Finally the bad news. The contract is allowed to contain a penalty clause for early termination. Unfortunately it sounds like yours does. Under the same article it stipulates the penalty as 1 month for every year., or proportionate. So 5 months left, it's about 2 weeks.


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## CapnBilly (Jun 7, 2011)

Just noticed you gave the start date. So you should give notice on 1st April. Make sure you get form of acknowledgement. If necessary send recorded. Or even a bureau fax, as it sounds like they may deny receiving it. One other point on the deposit, they are supposed to register it, lots don't, and they can fined if they don't. Some AC have specific laws, others just rely on the national law. It might help to get your deposit back if they think you know your rights on this as well. Which region are you based


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## rherron75 (May 13, 2012)

Thanks for the info capn Billy. I am in Andalucia. Does the clause of being in the property apply even though I have an 11 month contract?


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## CapnBilly (Jun 7, 2011)

rherron75 said:


> Thanks for the info capn Billy. I am in Andalucia. Does the clause of being in the property apply even though I have an 11 month contract?


 Yes, the law applies to all rental contracts over 6 months. I asked about where you live because as I said some AC's have their own laws regarding deposits, and this includes Andalucia, where the landlord is supposed to lodge your deposit within 1 month of receipt. This is a link to the process, which includes the links to the actual laws. http://www.juntadeandalucia.es/haci...blica/clara/cprDetalleTramites.html?c=1-HRZ0X


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