Garantia de Alquiler - can anyone explain it's significance ?

[Expat Ben]

Hello all.

I wish to ask the question if anyone knows the significance of the above document called Garantia de Alquiler.

Problem being it's in Spanish and I don't understand a word of it.

My concern is that If I sign the document will I get problems in the future with regards to liability of rent of other thigs ?


Cheers, Ben

[xabiachica]

Originally Posted by Expat Ben

Hello all.

I wish to ask the question if anyone knows the significance of the above document called Garantia de Alquiler.

Problem being it's in Spanish and I don't understand a word of it.

My concern is that If I sign the document will I get problems in the future with regards to liability of rent of other thigs ?


Cheers, Ben

Rental Guarantee




future problems - it depends exactly what it's for & what it says


post it here if you wish - quite a few of us speak spanish

[Expat Ben]

Originally Posted by xabiachica

Rental Guarantee

future problems - it depends exactly what it's for & what it says

post it here if you wish - quite a few of us speak spanish

I'm being told it's a standard document which serves to allow the owner and tennants to resolve any future problems without going to court

But I don't believe it.

[Xose]

Originally Posted by Expat Ben

I'm being told it's a standard document which serves to allow the owner and tennants to resolve any future problems without going to court

But I don't believe it.

I'm with you on the doubting, and I can read Spanish... see the following... (sorry, Spanish) Garantia de Alquiler - ¿Qué es? - ¿Cuánto cuesta? ¿Donde comprar la Garantia de Alquiler?

Maybe I'm just me being a pesimist as usual, waiting to be proved wrong when in an area I know little or nothing about. I'm rather a "half full bottle" person, but when blind, I'm a "half empty bottle" and at defcon 1.

This, to me, looks like 90% for the landlord and maybe 10% for the tenant. I would also say it is designed to unblock the courts in these types of disputes. All those who owe months (or years - up to 5) of back rent, for whatever reason, would be out on the street if they had signed one of these.... I think!!

Perhaps a legal eagle can clear it up for us. Also be intersting to see if many other people on here were asked to sign one of these appart from the rental contract.

Xose

[Veronica]

Originally Posted by Xose

I'm with you on the doubting, and I can read Spanish... see the following... (sorry, Spanish) Garantia de Alquiler - ¿Qué es? - ¿Cuánto cuesta? ¿Donde comprar la Garantia de Alquiler?

Maybe I'm just me being a pesimist as usual, waiting to be proved wrong when in an area I know little or nothing about. I'm rather a "half full bottle" person, but when blind, I'm a "half empty bottle" and at defcon 1.

This, to me, looks like 90% for the landlord and maybe 10% for the tenant. I would also say it is designed to unblock the courts in these types of disputes. All those who owe months (or years - up to 5) of back rent, for whatever reason, would be out on the street if they had signed one of these.... I think!!

Perhaps a legal eagle can clear it up for us. Also be intersting to see if many other people on here were asked to sign one of these appart from the rental contract.

Xose

Surely if someone owes months or years of back rent then it is only fair if they are evicted.
I know that I wouldnt stand back and let someone live a property I owned if they didnt pay me my rent. They'd be out on their ears.

[Xose]

Originally Posted by Veronica

Surely if someone owes months or years of back rent then it is only fair if they are evicted.
I know that I wouldnt stand back and let someone live a property I owned if they didnt pay me my rent. They'd be out on their ears.

Completely agree with the sentiment. However, the law doesn't quite work like that. Think back to the Labour UK pre 90 and trying to evict people from your let property. And if it was unfurnished and if they had children

It's doable, but has a process that can take several months. Hence the rise of the Abal bancario.Also, there's some nightmare issue about "within the first 5 years of tenancy" that I can't remember the detail of right now. But basically, you can only evict via the courts and that can take a long time - in the mean time, no rent, no cutting off utilities etc., etc. again, the abal vancario comes into its own and usually tailored in the area of Spain to the time it takes the courts to process the issue. Some 3 months, some 6 months, some as long as 12 months.

Xose

[Veronica]

Originally Posted by Xose

Completely agree with the sentiment. However, the law doesn't quite work like that. Think back to the Labour UK pre 90 and trying to evict people from your let property. And if it was unfurnished and if they had children

It's doable, but has a process that can take several months. Hence the rise of the Abal bancario.Also, there's some nightmare issue about "within the first 5 years of tenancy" that I can't remember the detail of right now. But basically, you can only evict via the courts and that can take a long time - in the mean time, no rent, no cutting off utilities etc., etc. again, the abal vancario comes into its own and usually tailored in the area of Spain to the time it takes the courts to process the issue. Some 3 months, some 6 months, some as long as 12 months.

Xose

I'd go in with a gang of heavies, throw em out on their ears and their goods a chattels with them then put huge bolts on the doors to keep em out. But then I am a nasty ***** who would actually expect to be paid what is owed to me.

[Xose]

Originally Posted by Veronica

I'd go in with a gang of heavies, throw em out on their ears and their goods a chattels with them then put huge bolts on the doors to keep em out. But then I am a nasty ***** who would actually expect to be paid what is owed to me.

Alrighty then!

You can get mideavel and get it sorted there and then. Just make sure you tell the heavies to kill them. You don't want to spend the rest of your life paying them a pension if you leave them damaged - which you will, actual or not!!

[Suenneil]

Yep landlords can face criminal proceedings if they cut off utilities, change locks etc - and it can take up to 18 months to resolve a tenant issue such as non payment of rent. Even then the landlord I believe cannot start legal proceedings until 4 months of rent have been unpaid.

Even if the landlords pursue legal action they are often advised to look at it in 2 parts ..... getting the tenant out and taking back possession of the property, and THEN looking to go after the tenant for unpaid rent. If you do both at the same time, the chances are the money issue will prevent the eviction .... so it drags on longer and longer!!!

Sue

[Suenneil]

I am a bit confused though Ben ? We have rented for more than 5 years, and have plenty of friends who have too - and I have never seen or heard of a rental guarantee in this context ? The only thing I have heard of that is similar is a Bank Guarantee to guarantee the rental to the landlord by the tenant.....

Is this a private landlord or real estate agent that is offering you this document to sign ? and are you sure its a Rental Guarantee and not a Rental Bank Guarantee ?

Sue