Need advise on ending retal contract

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30 Oct 2008 00:00 by popa Star rating. 6 posts Send private message

I am hoping that somewhere out there, some one can help me.


I am currently 6 months though an 11 month renal contract.  Due to circumstances beyond my control I am no longer able to afford the monthly payment and need to downsize to a cheaper place to live.


The contact is not with an agency but with the owner directly. The contract was not drawn up by the owner but purchased over the counter from the local tobacconist. I've paid 1 months rent for a deposit and two months advance rent. I need to be able to end the contract without losing what amounts to over 3000 euros.


I've had the contact looked over by a few Spanish friends and they tell me that there is nothing written in the contact with regards to penalties for termination. All that is stated is that I must give 30 days written notice. I've also been told that the contact has not been completed correctly as only the first and half the second pages have been filled in. I also know that the landlord should only have asked me for 1 months advance rent not two. I've also read that the deposit can't be used to supplement any rent owing and can only be used for replacement of damaged or lost property.


What I need to know is, if I give 30 days written notice where do I stand on getting some of my money back. Am I still entitled to get the deposit back and what about the extra advance rent?


I was hoping that I could stop the direct debit and ask the landlord to use that extra month's payment instead for the final month after giving the written notice.


Any help would by gracefully accepted.

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30 Oct 2008 07:48 by inspectahomespain Star rating in Orihuela Costa, Spai.... 2417 posts Send private message

Vip Supporter

I am a property owner and this happened to me when a tennant terminate their agreement 3 months into a 6 month agreement

When we checked the property they had left it in a mess, lots of damage and legally I was able to claim the balance of the contract and payment for the damages which exceeded the deposits, which I did in the UK small claims court

I believe that the first thing you should consider is talking to the owner, the market is tough and they may agree to reduce the rental price to keep a reliable renter. after all you were happy to agree to the contract trems and presumably you are happy with the property, perhaps have some consideration for the landlord

Yiu have signed a contract for 11 months so talk to the landlord, explain the situation, and perhaps an agreement can be reached

Roy Howitt Independent Property Consultant WE CAN FIND YOUR DREAM HOME 627 955 748

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30 Oct 2008 10:02 by popa Star rating. 6 posts Send private message

Thanks for the reply.

I do intend to speak to the owner but I don't think he will be able to drop the rent down to the amount I can afford right now. 

Basicaly I was after advice so I know were i stood before speaking to him.  

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