22 Jan 2012 12:00 AM:

Hi, I've been living in the same flat since April 2010, and have received 2 consecutive 11 months contract, which I signed without understanding spanish law. I've recently realised that I should have been issued a vivienda contract (which gives me rights to remain in the property for upto 5 years) and not a temporada.  My current contract is coming to an end on 13 February and I want to address the issue of having the wrong contract.  I went to my local consumer office but they said they couldn't help because I was renting directly from a company and there were no estate agents involved but confirmed the contract was incorrect and said that the only way to resolve it was to go to court.  I think this is extreme and want to resolve issues amicably with the owners. 

When I first viewed the property, I brought a translator and I was advised that the company would require a 6 months Aval/bank guarnantee in order to secure the property in addition to 1 month's deposit.  I signed the contract on the basis of this understanding, but found that the contract now stipulated that I was required to produce a new aval every 6 months. I have written several letters to the owners explaining I'd been misinformed by the building manager of the conditions of the property but it doesn't make any difference,  they continue to ignore my complaint.(the reason I'm unhappy is that the bank charges 200€ every 6 months to renew this, as well as freezing the equivalent of 6 months rent in my account). 

 The other issue I have is, if I move out before the aval expires, I still have to continue to pay the rent for the remaining period, even if i give notice on the property.

I want to write to the owners of the property and wondered if any one can provide any advice on how to do this professionally and get them to act reasonably and issue the correct contract type without an aval (hopefully). 

When I've spoken to people they tell me there are plenty of flats to rent but I'm settled here and why should I move if I'm paying my rent on time and behaving like a responsible tenant.

Help please !

simplysoul

 

 

Thread: advice on rental contracts and use of avals

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