[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

 

[xabiaxica]

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]

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]

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]

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]

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]

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]

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 :ranger:

 

[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 lane:

 

[Veronica]

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!!

See this is the problem with the law these days. Everything is stacked in the favour of the wrong doer. A f riend of mine had tenants in her apartment who not only didnt pay any rent after the initial downpayment but when they eventually left after 12 months there was so much damage to the property that it cost my friend thousands to put it right.:mad
What I said was tongue in cheek because of course you cannot just throw people out but to me the law is an ass. If tenants dont pay they should not be allowed to stay in the property and if they cause a lot of damage they should be locked up in prison for criminal damges. Of course the law needs to protect innocent tenants who have wicked landlords who try to take advantage but there should also be protection for landlords who are unlucky enough to have the scum of the earth living in their properties.
OK rant over now

 

[Suenneil]

See this is the problem with the law these days. Everything is stacked in the favour of the wrong doer. A f riend of mine had tenants in her apartment who not only didnt pay any rent after the initial downpayment but when they eventually left after 12 months there was so much damage to the property that it cost my friend thousands to put it right.:mad
What
Iaid was tongue in cheek because of course you cannot just throw people out but to me the law is an ass. If tenants dont pay they should not be allowed to stay in the property and if they cause a lot of damage they should be locked up in prison for criminal damges. Of course the law needs to protect innocent tenants who have wicked landlords who try to take advantage but there should also be protection for landlords who are unlucky enough to have the scum of the earth living in their properties.
OK rant over now

You rant away V!!! I agree with you. The other problem (albeit a smaller one) is that this increase in "bad" tenants, and apparently stats show there has been a big increase, justifies landlords putting in place additional safety nets to protect themselves and their properties - and I dont disagree with that at all ... HOWEVER the more landlords that do this, and Im sure they will if the bad tenant list grows! ... the more difficult and almost impossible it will be for "good" tenants to take out rental properties.

We were asked by 3 different landlords to take our Bank Guarantees for rental properties which we said no to!! Because despite having 5 years of rental experience and being able to provide excellent references .... they wouldnt accept this as enough "security" .... but there arent many people these days who can back up a bank guarantee by having 11 months rent sitting in the bank all year!

Sue x lane:

 

[Veronica]

You rant away V!!! I agree with you. The other problem (albeit a smaller one) is that this increase in "bad" tenants, and apparently stats show there has been a big increase, justifies landlords putting in place additional safety nets to protect themselves and their properties - and I dont disagree with that at all ... HOWEVER the more landlords that do this, and Im sure they will if the bad tenant list grows! ... the more difficult and almost impossible it will be for "good" tenants to take out rental properties.

We were asked by 3 different landlords to take our Bank Guarantees for rental properties which we said no to!! Because despite having 5 years of rental experience and being able to provide excellent references .... they wouldnt accept this as enough "security" .... but there arent many people these days who can back up a bank guarantee by having 11 months rent sitting in the bank all year!

Sue x lane:

You would have thought that with good references you would be ok but of course it just goes to show how careful landlords are having to become to protect their interests. It is the same here in Cyprus with some landlords becoming very wary as to who they rent to.

Veronica

 

[Expat Ben]

GARANTIA DE ALQUILER

Objeto de la Garantia

a) Pago y actualizacion de las rentas mensualidades
b) Pago de los gastos que correspondan por servicios y suministros
c) Danos producidos por mal uso en el inmueble o sus enseres
d) Renovacion de aval bancario
e) Recuperacion inmediata del inmuelbe si se incumple el contrato
f) Realizacion de obras no consentidas
g) Cesion o subarriendo no consentido

Please can someone explain this in English ?

 

[Veronica]

GARANTIA DE ALQUILER

Objeto de la Garantia

a) Pago y actualizacion de las rentas mensualidades
b) Pago de los gastos que correspondan por servicios y suministros
c) Danos producidos por mal uso en el inmueble o sus enseres
d) Renovacion de aval bancario
e) Recuperacion inmediata del inmuelbe si se incumple el contrato
f) Realizacion de obras no consentidas
g) Cesion o subarriendo no consentido

Please can someone explain this in English ?

*This is a direct translation via IM translator.*

Object of the Guarantee

a) Payment and update of the revenues monthly salaries
b) Payment of the expenses that correspond for services and provisions
c) Damages produced by bad use in the building or his equipment
d) Renewal of bank guarantee
e) Immediate recovery of the inmuelbe if the contract is broken
f) Achievement of not spoiled works
g) Transfer or not spoiled subletting

 

[Expat Ben]

*This is a direct translation via IM translator.*

Object of the Guarantee

a) Payment and update of the revenues monthly salaries
b) Payment of the expenses that correspond for services and provisions
c) Damages produced by bad use in the building or his equipment
d) Renewal of bank guarantee
e) Immediate recovery of the inmuelbe if the contract is broken
f) Achievement of not spoiled works
g) Transfer or not spoiled subletting

And do you think this is fair ?
Would you recommend a tennant to sign it ?
How does any of the above benefit the tennant ?

 

[Veronica]

And do you think this is fair ?
Would you recommend a tennant to sign it ?
How does any of the above benefit the tennant ?

It is there to protect the landlord not the tenant.

 

[xabiaxica]

GARANTIA DE ALQUILER

Objeto de la Garantia

a) Pago y actualizacion de las rentas mensualidades
b) Pago de los gastos que correspondan por servicios y suministros
c) Danos producidos por mal uso en el inmueble o sus enseres
d) Renovacion de aval bancario
e) Recuperacion inmediata del inmuelbe si se incumple el contrato
f) Realizacion de obras no consentidas
g) Cesion o subarriendo no consentido

Please can someone explain this in English ?

Object of the Guarantee

a)Payment of the monthly rent
b) Payment of costs relating to services and supplies
c) Damage caused by misuse of the premises or contents
d) renewal of bank guarantee
e) Recovery of the property immediately if the contract is breached
f) carrying out works without consent
g) transfer of the property or subletting without consent


In 6 years of renting I've never been asked to sign anything like this

one clause in the contract is always along the lines of 'if any of the clauses are broken it goes to court & any costs are paind by the renter' - & going to court, as the others have said, can take forever

having had a brief look at the link someone supplied - I suspect that the company advertising this guarantee might 'buy the debt' from the owner if the tenant breaks any of the clauses

possibly this then becomes a different kind of legal issue - a straightforwrd debt rather than a rent problem - and might be dealt with differently/more swiftly by the courts/legal system


as a tenant, I wouldn't sign it

there are lots of rentals out there at the moment - it's a tenant's market

 

[jojo]

When we looking at renting, we found that quite a few landlords had been "burnt" by previous tenants (nearly always British) who had trashed their houses, taken as much from them as they could (appliances, crockery, fittings....) and left without paying any rent!!! The land lords were understandably cautious of us being British and always tried to insist on at least 6 months up front - which we wouldnt pay or tried to charge us more than "the going rate"??!!

Apparently this was becoming more and more frequent due to the economic climate and the type of Brits??? Hense this contract thing maybe???????????
Jo xxx

 

[Veronica]

When we looking at renting, we found that quite a few landlords had been "burnt" by previous tenants (nearly always British) who had trashed their houses, taken as much from them as they could (appliances, crockery, fittings....) and left without paying any rent!!! The land lords were understandably cautious of us being British and always tried to insist on at least 6 months up front - which we wouldnt pay or tried to charge us more than "the going rate"??!!

Apparently this was becoming more and more frequent due to the economic climate and the type of Brits??? Hense this contract thing maybe???????????
Jo xxx

I can understand why the landlords are trying to protect their interests.
We have the same sort of thing happening in Cyprus,we get emails from other agents giving us name and details of bad tenants to look out for and some of the things they do is appalling.

Veronica