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Discussion Starter · #1 ·
I moved in to a really nice rented house in August but the landlord is obnoxious and refuses to do anything about the problems I have including:

one of the circuits in the house does not work so we have problems with some lights and sockets.

There is a problem with the sewage exploding (yes exploding) in to the toilet of an unused bathroom and covering the floor with muck.

On my contract the landlord is an inversion company in Madrid but the actual owner seems to be a lawyer in Madrid and the last time I asked him to rectify the problems all I had back was a note saying "IT IS NOT A HOTEL"

Can anyone please advise me on the path to take.
 

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I moved in to a really nice rented house in August but the landlord is obnoxious and refuses to do anything about the problems I have including:

one of the circuits in the house does not work so we have problems with some lights and sockets.

There is a problem with the sewage exploding (yes exploding) in to the toilet of an unused bathroom and covering the floor with muck.

On my contract the landlord is an inversion company in Madrid but the actual owner seems to be a lawyer in Madrid and the last time I asked him to rectify the problems all I had back was a note saying "IT IS NOT A HOTEL"

Can anyone please advise me on the path to take.

Firstly, to answer your specific question, 'I don't know'.

What does it say in the contract in respect of repairs?

What I would do is to write to him stating that as he will not repair basic items, then you will get them repaired and then take the costs out of any rent due.

Get the problems fixed, keep PROPER receipts showing IVA paid, company numbers etc. and then submit them with any remaining rent due.


This may, however, be a rocky road to ruin so be prepared to move.
 

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oh, my sympathies, "been there, done it, got the tee shirt" as they say!

My advice???????? Well we ended up not paying the last months rent and moving out - in fact at that point, we moved back to the UK (long story lol)

However, what we tried to do (I'm not sure of the legalities) was to get some quotes to get the work done, sent them to the landlord (company) and asked for permission to go ahead.(Thats as far as we got!!)

I'm assuming these faults are breaching the terms of the contract (fit for purpose)?? You then need deduct the costs from the rent - do get his permission in writing tho!! and good luck!!!!

Jo xxxx
 

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The landlord has now stopped replying to any emails that I send.
What does it say on your contract about repairs and services??? Altho as a rental roperty, it may not be a hotel, but it should be "fit for purpose"


Jo xxx
 

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Discussion Starter · #6 ·
Hi Jo, the contract is very basic, in fact it says very little, just the start date etc and the bank account details.
 

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The landlord has now stopped replying to any emails that I send.
Perhaps the landlord will start replying to your emails once you stop paying the rent? In the meantime my advice would be to start looking for somewhere else.

It is not acceptable (in my opinion) for a landlord to shirk responsibility for basic maintenance of a property they are being paid rent for.

I would not pay anything to have these problems fixed because I know you'll have real problems getting the money refunded to you.

I'd start looking for somewhere else.
 

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I would still go down the Fit for purpose route (as long as your complaints are genuinely rendering your rental property unfit and not what you should expect). Get some sensible estimates in for the work, send them to the company, telling them that you're quite happy to deduct the amounts from your monthly rental, could he comfirm that this will be ok - and see what happens

Jo xxx
 

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Perhaps the landlord will start replying to your emails once you stop paying the rent? In the meantime my advice would be to start looking for somewhere else.

It is not acceptable (in my opinion) for a landlord to shirk responsibility for basic maintenance of a property they are being paid rent for.

I would not pay anything to have these problems fixed because I know you'll have real problems getting the money refunded to you.

I'd start looking for somewhere else.
and yes, you could also e-mail them saying that as the property isnt in a fit condition, then they are in breach and therefore you will be leaving without completing or paying for the remainder of the term - and have something else lined up PDQ

Jo xxx
 

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This is what the law says about repairs (translated)

Article 21 Preservation of housing

1. The landlord is obliged to perform, without the right to raise the rent therefore, all repairs necessary to keep the house in the living conditions to serve the agreed usage, unless the impairment for which compensation is concerned is attributable the tenant under the provisions of the 1,563 articles and 1564 of the Civil Code.


Articles 1563/1564 just say if you have caused the problems.

It seems to me the landlord is in breach of contract, and the things you mention are, IMHO, both health & Safety risks.

This is what the law says (translated )

Article 27 Failure to comply

1. Failure by either party of its obligations under the contract shall entitle the party who has fulfilled his to enforce the obligation or promote the termination of the contract in accordance with the provisions of Article 1124 of the Civil Code .


2. Similarly, the tenant may terminate the contract for the following reasons:

a) The non-performance by the landlord of repairs referred to in Article 21.


This what article 24 says (translated)

Article 1124

The power to settle the obligations is implied in reciprocal understanding, for if one does not fulfill the obligation incumbent upon it.

The injured party may choose between demanding the fulfillment or termination of the obligation, with the payment of damages and payment of interest in both cases. You can also order the resolution, even after opting for compliance, when it proves impossible.

The Court shall order the resolution that is claimed to have no justifiable reasons to indicate that the authorized term.


I would just write to him setting out the problem asking him to authorise the repairs and for you to deduct from the rent, using the above to support your case.
 

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It was good of CapnBilly to research the Law but do you really think that you are going to resolve your problems by going to a Spanish court and against a Spanish lawyer? Cut your losses, use up the deposit by not paying the last month's rent (or however much this comes to and move. It takes a brave person to challenge the Court system in Spain - but against a lawyer? Put it down to experience.
 

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Calas felices said:
It was good of CapnBilly to research the Law but do you really think that you are going to resolve your problems by going to a Spanish court and against a Spanish lawyer? Cut your losses, use up the deposit by not paying the last month's rent (or however much this comes to and move. It takes a brave person to challenge the Court system in Spain - but against a lawyer? Put it down to experience.
You have a point, a good one!! If nothing else, it's an uncomfortable way to live, when you don't get on with your landlord!

Jo xxx
 

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Whilst I agree with the last comments about actually taking action, there is a big difference between doing that, and at least letting the landlord know, that you know you have rights.

As I understood the original post, Trubrit has only been in the property since August, so, I guess its an 11/12 month contract, so unless I have misunderstood, they cannot move and keep the last months rent until next summer. In addition, they cannot legally break the contract until February anyway (after giving 30 days notice, which they can do in January), and even then there may be a penalty. If its a longer term contract, then the penalty is a months rent for every year remaining. Less that a year its proportionate. However, it needs to be in the contract, which it doesn't sound like it is.

So I can't see anything to lose by at least showing you know something of your rights. He may do something, he may not, but he's not doing anything now anyway.
 

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When we first came to Spain,we had problems with a rogue agent who we think may have been letting without the owner's knowledge.
We did as suggested: found somewhere else to live, lived out the 1800 euros deposit which we knew would never be returned and out of sheer spite and revenge used as much water and electricity as we could before moving out leaving no forwarding address. The bills were not in our name, I hasten to add. We gave literally hundreds of litres if not more of water to a friend who lived on the campo...he came with a trailer with many enormous barrels and filled them all.
I had absolutely no regrets about this as by then I had found out quite a lot about the activities of the unscrupulous and downright criminal agent, who is still advertising in the local press. I will supply details by pm.
Reading posts like this I realise how lucky we are to have an excellent landlord who allows us to do all repairs and deduct from the rent and with whom we have just signed a further three year contract at a rent 50% lower than when we first moved in five years ago.
 

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Whilst I agree with the last comments about actually taking action, there is a big difference between doing that, and at least letting the landlord know, that you know you have rights.

As I understood the original post, Trubrit has only been in the property since August, so, I guess its an 11/12 month contract, so unless I have misunderstood, they cannot move and keep the last months rent until next summer. In addition, they cannot legally break the contract until February anyway (after giving 30 days notice, which they can do in January), and even then there may be a penalty. If its a longer term contract, then the penalty is a months rent for every year remaining. Less that a year its proportionate. However, it needs to be in the contract, which it doesn't sound like it is.

So I can't see anything to lose by at least showing you know something of your rights. He may do something, he may not, but he's not doing anything now anyway.

This is not correct (in my opinion from reading the recent changes to the law).

The law states that any rental contract can be terminated by either party giving one month's notice (subject to sufficient reason on the part of the landlord).

Even if you sign a 12 month agreement, there is no reason why you can not leave sooner than that if you wish with no penalty.
 

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Discussion Starter · #16 ·
Things are worse this morning as sewage is coming up in to the bath and it is already half full. I have tried using a plunger but it does nothing. I have just written very politely to the landlord again.
 

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Things are worse this morning as sewage is coming up in to the bath and it is already half full. I have tried using a plunger but it does nothing. I have just written very politely to the landlord again.
Is there the Spanish equivalent of the local authority health inspector? This property is surely unfit for habitation.
 

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Get in touch with the ayuntamiento and ask them about a health inspector as mrypg9 suggested.
I think you need to get all hands on deck here. It really is a health hazard. Ask you're students for any useful contacts, or any other locals you know.
Dirty bathrooms call for dirty tactics
Film it and put it on the local web page, send it to the landlord.
Are any of his relatives around??
 

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It was good of CapnBilly to research the Law but do you really think that you are going to resolve your problems by going to a Spanish court and against a Spanish lawyer? Cut your losses, use up the deposit by not paying the last month's rent (or however much this comes to and move. It takes a brave person to challenge the Court system in Spain - but against a lawyer? Put it down to experience.
The case of the Prestige oil spill has just come through the courts.
It happened 11 years ago!!
 

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Things are worse this morning as sewage is coming up in to the bath and it is already half full. I have tried using a plunger but it does nothing. I have just written very politely to the landlord again.
It's time to act and not send 'polite emails'!

Get the problem fixed and take the cost out of this month's rent.

(I am a landlord and would NOT find fault with this approach).
 
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