ROGUE RENTERS ON THE INCREASE
Mike Walsh
The Spanish housing sector has experienced a sharp increase in home repossessions due to the effects of the recession. Many home owners are giving up and handing in the keys back to the estate agents and banks.
A further dilemma is caused when owners continue to rent their property to tenants and pocket the rent. This can lead to occupiers facing harassment, utility connection difficulties, and even eviction through no fault of the own.
The situation is made worse when properties are rented long term to non-Spanish citizens who have little idea of their legal rights; the legal system and property laws in Spain.
The best protection for an incoming tenant is to satisfy themselves as to the financial status of the person they wish to rent from; to ask to see up to date proof of mortgage repayments.
Victor Bricio of briciosolicitors.com says; ?Many private owners are letting their property when repossession is imminent. We live in a market that is favourable to tenants. The genuine owner should have no difficulty in providing such reassurance.?
He adds that tenants are far better protected than they think: Their rights are protected under Article 13.1 of the Ley de Arrendamientos Urbanos, which states:
Si durante los cinco primeros a?os de duraci?n del contrato el derecho del arrendador (landlord) quedara resuelto por (?) la enajenaci?n forzosa derivada de una ejecuci?n hipotecaria o de sentencia judicial el arrendatario (tenant) tendr? derecho, en todo caso, a continuar en el arrendamiento hasta que se cumplan cinco a?os.?
This roughly translates to: ?If during the first five years of the duration of the contract, the right of the landlord of the property is removed due to the mortgage not being paid or a court sentence, the tenant has the right to continue the rental contract up to five years.?
An essential point is that the tenant must be in possession of a valid rental contract. To safeguard one?s tenancy occupiers are advised to insist upon a legally binding tenancy agreement or contract before accepting the tenancy. Better still, to use their lawyer to make arrangements.
briciosolicitors.com telephone 966 764 425
