As many foreigners, which are buying or renting houses/flats in Spain already do know, we are cheated on a regular basis. I was rented an expensive apartment with a big trastero to store my old stuff. When visiting the apartment the trastero was empty, when arriving to live there, it was full of the stuff of the owner! The numerous complaints on the forum, and on others, are a proof that this kind of behavior is not unusual in this country.

I propose to make a database with all owners and rental agencies, which did cheat their clients. If this suggestion is of interest to some of you please let me know. I am ready to contribute my time and my knowledge of four different languages to this cause.

Did you sign a regular contract? Does the contract include the ‘trastero’? And, most important of all, do you get a receipt for any monthly payment, which specifies the amount of the rent + the 16% VAT? If so, you sure can do something to solve this matter with your landlord ...

Regular contract??? What is a Regular contract in Spain? The contract was made by a lawyer and is now at the office of my own lawyer,
I have to look, but I think the rent is inclusive VAT. I do pay the rent with a bank transfer, so I do have a receipt. Anyway, I did write to the owner and the agency, telling them that in this case, I would take legal assistance in order to get out of the contract. Only a few hours later, I did receive a mail with apologies telling me they would come and empty the “trastero”.  I was also told, that if the “trastero” is part of the apartment at the cadastrial file, then the contract does include it automatilcally.

Regular contract??? What is a Regular contract in Spain? The contract was made by a lawyer and is now at the office of my own lawyer

A “regular contract” is like the one you signed. There are lots of owners, and agencies as well, that tend to forget there is a specific law in Spain (Ley 29/1994 de Arrendamientos Urbanos). With the contract you signed you’ll certainly solve your problem.

Fate_06 - 11 September 2008 03:46 AM

Regular contract??? What is a Regular contract in Spain? The contract was made by a lawyer and is now at the office of my own lawyer

A “regular contract” is like the one you signed. There are lots of owners, and agencies as well, that tend to forget there is a specific law in Spain (Ley 29/1994 de Arrendamientos Urbanos). With the contract you signed you’ll certainly solve your problem.

Thanks! Yes the contract specifies “Ley 29/1994 de Arrendamientos Urbanos”, so I seam to be kind of lucky, because I really did not know about this. While making the deal, I did explicitly ask for a legal 12-month contract.

The contract says that it is firm for one year and renewable for 5 years. Does this means that during the first 12 month I cannot leave without paying the full year of rent?

The contract says that it is firm for one year and renewable for 5 years. Does this means that during the first 12 month I cannot leave without paying the full year of rent?

This is another “nice trick”  :zip:  currently used in Spain. Unless you require the agency/landolord to include a clause specifying you can terminate the contract with a 2 or 3 months prior notice, in compliance with law 29/1994 you’re due to pay the landlord a month for each year until the contract expiration (i.e.: in case of a 5 years contract, if you leave after 1 year you’ll have to pay 4 months to the landlord). In your case, since you signed a 1 year contract, if you leave before it expires the landlord will probably refuse to give you back the se?al (deposit).

Fate_06 - 11 September 2008 02:34 PM

The contract says that it is firm for one year and renewable for 5 years. Does this means that during the first 12 month I cannot leave without paying the full year of rent?

This is another “nice trick”  :zip:  currently used in Spain. Unless you require the agency/landolord to include a clause specifying you can terminate the contract with a 2 or 3 months prior notice, in compliance with law 29/1994 you’re due to pay the landlord a month for each year until the contract expiration (i.e.: in case of a 5 years contract, if you leave after 1 year you’ll have to pay 4 months to the landlord). In your case, since you signed a 1 year contract, if you leave before it expires the landlord will probably refuse to give you back the se?al (deposit).

I did not about know this trick. But my contract says that after the one year, I can leave any time with only one month prior notice.
sometime it is still surprising how “third world style” things are here. The lawyer which does my things just asked me today” With or without VAT?” I told him, that if he would ask this question in my country (CH), he would go straight to jail in no time.
But what a nice climate and many other goodies 😉