CASE STUDY – RENTAL PROBLEM (Difficult Landlord)

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CASE STUDY – RENTAL PROBLEM (Difficult Landlord)

We recently had an email from some tenants looking for advice, and the topic is something quite common as a problem for tenants:

“Dear Spanish Solutions,

We are looking for some advice and were wondering if you could help.

We rent a bungalow on the Costa Blanca at the moment and our landlord has suddenly decided that instead of 900€ per month he wants six month’s rent in advance. We think this is rather unfair, but he got very angry, let himself into the property and left a letter saying that unless we pay he will throw us out. It will take us time to arrange another home, so what do we do please? We do not want him entering the property when we are not there, or there, without being invited in.”

Having examined the contract (you must always have a contract…), our solicitor advised the following:-

1º) The Landlord is not entitled to charge 6 months in advance when the contract says 900 euros monthly. He has no right to get more money in advance.
2º) The Landlord cannot break into the property until the contract finishes. This is absolutely forbidden. In fact it is a crime (trespassing).
3º) The Landlord can not evict them unless they breach the contract. Moreover, an eviction proceeding takes around 1 year, and he can not access to the property until a judge authorises him to be able to.

Our advice was for our lawyer to prepare a letter to the Landlord advising him of these breaches of contract.

2 Comments

  • Warner K Djerwig

    My question> I was forced out of my apartment after 5 years with 30 days to go !!
    I ask for extention in order to move and find another place to live and the landlord say yes
    but ask for more rent to do so. After my move in Febr. 2019 the landlord ask for money for
    re-paint the whole apartment even if no damage was to see exempt what consider to normal after my decorations as well the owners leave some marks.
    I was told, the landlord can’t ask for that after 6 years, may that be true ??

    • Nicola Ryan

      Good Afternoon Warner,

      We understand your frustration.

      Our Solicitor said ¨In principle It is an expense that the owner must assume because it is normal wear and tear due to the use of the house.¨ We hope this helps.

      Kind regards
      Nicola

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