Is this legal?

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Is this legal?


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Old 19th July 2010, 01:37 PM
Eva33
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I did rent an apartment in May 2009. We did meet in the apartment in order to sign the contract, I did pay the deposit and the first month of rent. It was only after a while that I did notice that the man who did sign the apartment was not the owner! He is also nowhere in the contract mentioned as the representative of the owner. The owner is a woman. Her name does not seem to be related to the man who did sign, but since in
Spain names are something special... she still could be his wife. I am just wondering if this is not another trick to do things in a "regular..." way and eventually put the renter in a difficult position.
Thanks for answering, if you can, Eva33

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Old 19th July 2010, 03:09 PM
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Originally Posted by Eva33 View Post
I did rent an apartment in May 2009. We did meet in the apartment in order to sign the contract, I did pay the deposit and the first month of rent. It was only after a while that I did notice that the man who did sign the apartment was not the owner! He is also nowhere in the contract mentioned as the representative of the owner. The owner is a woman. Her name does not seem to be related to the man who did sign, but since in
Spain names are something special... she still could be his wife. I am just wondering if this is not another trick to do things in a "regular..." way and eventually put the renter in a difficult position.
Thanks for answering, if you can, Eva33
Usually a rental contract will say that it is between the two people who sign it, (or renter & rental company) - or legal representative of one of them (or of the company), and that representative will be named

your case definitely sounds a bit odd

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Old 19th July 2010, 08:39 PM
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Usually a rental contract will say that it is between the two people who sign it, (or renter & rental company) - or legal representative of one of them (or of the company), and that representative will be named

your case definitely sounds a bit odd
However, you have been there for more than a year. Any problems so far? Are you anticipating any?

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Old 20th July 2010, 04:23 AM
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However, you have been there for more than a year. Any problems so far? Are you anticipating any?
that was my next question

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Old 20th July 2010, 11:10 AM
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When we first came here we stayed in my son's house and were so keen to move out and find a larger garden for our dog that we agreed to rent a ground-floor piso with enclosed garden rather too hastily. We saw the advert in Sur from an agent and responded.
The contract was in the owner's name -no address -but the 'agent' -a Latina woman with a Morroccan partner -signed it.
We began to suspect that the owner was unaware that we were occupying his property after several odd things happened -demands for 300 euros for repairs that should have cost around 30 and so on. We were told to pay the rent into a French bank account....
We paid two months deposit of 1800 euros and as soon as we realised the agent could be a crook we stopped paying rent and stayed there for two months until our deposit had been used up.
One morning after we had told her what we thought of her we found a rear window of our LandRover had been smashed. It was the only car in the garage to have been damaged and the 'agent' had a key...
I wanted to throw a Molotov cocktail over their yard wall but my partner who is wiser and more moderate restrained me.
If anyone wants to know more about this evil woman and her equally thieving partner feel free to pm me. She is still advertising.

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Old 20th July 2010, 11:37 AM
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that was my next question
No, we actually had no problems and we are moving out in one week, after respecting our side of the contract and giving more as the one month notice. So I hope there will be no problems and maybe (there are no damages made by us) even get our deposit back...

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Old 20th July 2010, 11:51 AM
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Originally Posted by mrypg9 View Post
When we first came here we stayed in my son's house and were so keen to move out and find a larger garden for our dog that we agreed to rent a ground-floor piso with enclosed garden rather too hastily. We saw the advert in Sur from an agent and responded.
The contract was in the owner's name -no address -but the 'agent' -a Latina woman with a Morroccan partner -signed it.
We began to suspect that the owner was unaware that we were occupying his property after several odd things happened -demands for 300 euros for repairs that should have cost around 30 and so on. We were told to pay the rent into a French bank account....
We paid two months deposit of 1800 euros and as soon as we realised the agent could be a crook we stopped paying rent and stayed there for two months until our deposit had been used up.
One morning after we had told her what we thought of her we found a rear window of our LandRover had been smashed. It was the only car in the garage to have been damaged and the 'agent' had a key...
I wanted to throw a Molotov cocktail over their yard wall but my partner who is wiser and more moderate restrained me.
If anyone wants to know more about this evil woman and her equally thieving partner feel free to pm me. She is still advertising.
The lady mentioned in our contract is the owner of the place. She even came by when we had a problem with the washing machine and was actually very nice and helpful. The only thing which I found strange and a little suspect is that she did not sign the contract herself, which was between her-as the owner- and me- as the renter-. I know only the first name of the man who came to sign the contract and I am not sure how he is exactly related to the owner. I mean if they want/could sell the property before the 5 years, this could be a good trick to make it possible. But maybe I am getting a little paranoid after all the things happen to me in Spain...Maybe the best thing is take a gestor or a lawyer with you when signing a contract.

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Old 20th July 2010, 12:00 PM
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The lady mentioned in our contract is the owner of the place. She even came by when we had a problem with the washing machine and was actually very nice and helpful. The only thing which I found strange and a little suspect is that she did not sign the contract herself, which was between her-as the owner- and me- as the renter-. I know only the first name of the man who came to sign the contract and I am not sure how he is exactly related to the owner. I mean if they want/could sell the property before the 5 years, this could be a good trick to make it possible. But maybe I am getting a little paranoid after all the things happen to me in Spain...Maybe the best thing is take a gestor or a lawyer with you when signing a contract.
I don't think you need to go that far if you are dealing with a bona fide agent and you have a properly drawn up legally binding contract.
Long-term rentalcontracts are normally for eleven months so if you have a five-year contract I would think that you will be 'safe' for five years.
If they want to sell the property surely they would be entitled to anyway?

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Old 20th July 2010, 12:18 PM
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I don't think you need to go that far if you are dealing with a bona fide agent and you have a properly drawn up legally binding contract.
Long-term rentalcontracts are normally for eleven months so if you have a five-year contract I would think that you will be 'safe' for five years.
If they want to sell the property surely they would be entitled to anyway?
Long term rentals in Spain are for one year and have to be extended by the owner up to five years. Ley de arrendamientos urbanos The renter is free to leave after the first year by giving one month of notice in advance. Of course one is free to make other special agreements between the owner and renter, but the LAU law is the standard. Also the owner is only entitled to sell the property if the buyer (new owner) takes over the rental contract. In other words: They cannot put you out before the five years are fulfilled.

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Old 20th July 2010, 01:08 PM
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Long term rentals in Spain are for one year and have to be extended by the owner up to five years. Ley de arrendamientos urbanos The renter is free to leave after the first year by giving one month of notice in advance. Of course one is free to make other special agreements between the owner and renter, but the LAU law is the standard. Also the owner is only entitled to sell the property if the buyer (new owner) takes over the rental contract. In other words: They cannot put you out before the five years are fulfilled.
Are they for one year or eleven months? And is the owner obliged to renew for five years?
There is a distinction between a contrato vivienda and a contrato temporada - the latter can be extended up to a year (eleven months seems the norm for some reason) but the tenant has no right of renewal. Most 'long term' rentals seem to be temporada.

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Last edited by mrypg9; 20th July 2010 at 01:13 PM.
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