ending a rental contract early

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 |

Forum home :: Latest threads :: Search forums
The Comments
11 Sep 2021 13:37 by potatosackpickles Star rating. 1 posts Send private message

I entered a 12 month rental contract in April 2021, I need to leave at the end of October 2021. I paid 2 months deposit. It stated in the contract that if you end the contract early then you don't get your depsit back. But i've read around that as long as it's been 6 months and you give 30 days notice then have rights?

My question is A) am i legally entitled to my depsoit back? and B) can he demand the remaining 5 months rent to fulfill the 12 months.

Please note although I did it all through an estate agent, my ladlord is clearly not declaring taxes from it as he makes me pay in cash, one month when I was abroad and had to do a bank transfer he made me pay into his wife's account and not put a reference on it. So if he tried to make me pay the extra 5 months could I threaten to take him to court on the premise that he definitely won't want that because he's dodging taxes?

Thanks for any help,

Andrea





Like 0      
11 Sep 2021 17:03 by Kavanagh Star rating in Oil Drum Lane Newcas.... 1099 posts Send private message

Kavanagh´s avatar

Hello patatosack and welcome to EOS

You have of your own free will entered into a 12-month rental contract which is not annexed with bits and pieces you have read around somewhere. If you believe the contract you agreed to and signed is illegal you should seek advice from a Lawyer.

With regard to your threatening to blackmail your landlord, be careful it is not you that ends up in a criminal court. 



_______________________
There is enough in the world for everyone, but not enough for the greedy!



Like 0      
18 Sep 2021 13:32 by Mickyfinn Star rating in Spain and France. 1842 posts Send private message

12-month rental contracts are not legal in Spain. The rental law for residential use is 5 years for a private owner or 7 years with a company. The law also requires a 1-month deposit, not two. Since your contract is not legal I suggest you negotiate with the landlord for a refund.

Some agents and owners make their own rules up. Always use a lawyer in property transactions.



_______________________
Time is the school in which we learn Time is the fire in which we burn. Delmore Schwartz.



Like 0      
18 Sep 2021 22:44 by GuyT Star rating. 499 posts Send private message

That sounds bizarre, Micky.....what if someone only want to rent for a year or two years? as is quite normal. Do you say he has to rent for 5 or 7 years like it or not? I'd like to hear Maria's take on this.





Like 0      
19 Sep 2021 08:45 by Mickyfinn Star rating in Spain and France. 1842 posts Send private message

I describe the law. If people decide to behave otherwise that's their business. Residential rental contracts within the law protect both side's interests. Holiday lets are not residential agreements.

https://www.spanishpropertyinsight.com/2019/04/05/congress-ratifies-new-rental-laws-for-spain-in-2019/


This message was last edited by Mickyfinn on 19/09/2021.

_______________________
Time is the school in which we learn Time is the fire in which we burn. Delmore Schwartz.



Like 0      
20 Sep 2021 09:15 by windtalker Star rating. 1776 posts Send private message

I think the main issue hear is that you want you deposit back..if so why don't you do as they all do when it goes tits up for you in Spain ..and just don't pay the last 2 month's rent then scamper of back to where you come from .. this is extremely common and seems to be the rule of thumb in Spain.

 

 

 


 


 


This message was last edited by windtalker on 21/09/2021.



Like 0      

Pages: 1 |

Post reply    Start new thread


Previous Threads

Utilities when selling a house - 6 posts
Two months rental required Torrevieja - 1 posts
Will criminal record affect job prospects - 1 posts
parking at malaga airport - 4 posts
Villa to rent in Alicante - Costa Blanca - Spain - 0 posts
external drive vs usb - 5 posts
Form 210 - 1 posts
Cost of prescriptions issued by Spanish GP - 3 posts
Capital Gains Tax rollover relief - 1 posts
Day 2 test arriving Scotland - 1 posts
AGM - 3 posts
Name incorrect on NIE Document - 3 posts
AZ vaccine UK - 4 posts
TIE deadline for British Residents? - 9 posts
All won cases in 2021-Costaluz Lawyers - 0 posts
Problem with Endesa gas contract - 8 posts
Costaluz Lawyers, Testimonials - 1 posts
Dual/ triple nationality - 11 posts
Testimony - Costaluz Lawyers - 1 posts
General info on buying process - 10 posts
Engineer that sets up security system - 3 posts
Data collecting with AI - 2 posts
A good optician needed - 0 posts
Alarm and cctv system regulation - 3 posts
Should I reuse/ resell my baby camera? - 7 posts

Number of posts in this thread: 8

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 |
Our Weekly Email Digest
Name:  
Email:
   


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x