Expat Forum For People Moving Overseas And Living Abroad banner
1 - 6 of 6 Posts

·
Registered
Joined
·
143 Posts
Discussion Starter · #1 ·
any legal brains out there if so here is the trouble we have rented this house for the past 5 yrs and we have had a good relationship with the owners in all that time we always paid 12 months rent in advance so that they would not have to worry about will the money be in the bank at the end of the month so here is the question when we asked the owners how they wanted this year rent to be paid in the past they have asked for cash pounds or euros or a mixture they said dont pay the money into Spanish bank account they then came back and said that they could no longer rent the house to us as the mortgage had gone from interest only payments to capitol and interest payments taking the monthly payments to 1,500 euro a month and could not afford this they bought the house for 240,000 euros and now there is a lot of negative equity in the property i would say something like 140,000 and the bank have given them the option to hand the keys back to them and they would wipe the debt off for them but the owners want us out of the house as now we have asked them did the bank not give you priro notice of a change to the mortgage they said yes but did nothing we said that this is unrealistic as we need to find new accommodation now the next bit the bank do not know that this has been sublet and the next bit is he is mentally unstable with all this financial pressure any advice would be of a great help many thanks
 

·
Administrator
Joined
·
36,600 Posts
You're just going to have to bite the bullet & move I think.

There are protections for tenants if a property is sold or repossessed, but that depends on when the contract was signed. The rules changed in 2013.
 

·
Registered
Joined
·
7,155 Posts
Assuming you didn't get around to paying the year up-front (not clear from your post) then you will probably have to go but you should at least have a notice period of a month or two to find somewhere new.
 

·
Registered
Joined
·
177 Posts
any legal brains out there if so here is the trouble we have rented this house for the past 5 yrs and we have had a good relationship with the owners in all that time we always paid 12 months rent in advance so that they would not have to worry about will the money be in the bank at the end of the month so here is the question when we asked the owners how they wanted this year rent to be paid in the past they have asked for cash pounds or euros or a mixture they said dont pay the money into Spanish bank account they then came back and said that they could no longer rent the house to us as the mortgage had gone from interest only payments to capitol and interest payments taking the monthly payments to 1,500 euro a month and could not afford this they bought the house for 240,000 euros and now there is a lot of negative equity in the property i would say something like 140,000 and the bank have given them the option to hand the keys back to them and they would wipe the debt off for them but the owners want us out of the house as now we have asked them did the bank not give you priro notice of a change to the mortgage they said yes but did nothing we said that this is unrealistic as we need to find new accommodation now the next bit the bank do not know that this has been sublet and the next bit is he is mentally unstable with all this financial pressure any advice would be of a great help many thanks
Do you have a valid rental contract? Was this lodged with the land registry?

From "https://www.spanishpropertyinsight.com/2016/05/13/urban-rental-law-spain-tenancy-agreements-ley-de-arrendamientos-urbanos-lau/"

..."Long term tenants are advised to lodge their long term tenancy agreements at the Land Registry for their own protection against third parties i.e. landlord defaults his mortgage and falls into arrears. His lender executes the contract and attempts to repossess the property. A tenant´s po-sition is stronger if his tenancy agreement was already lodged at the Land Registry. He can in fact negotiate with the lender to leave ahead of the rental´s expiry date in exchange of a suita-ble compensation for his aggravation."

Even if you have no paperwork at all the landlord will have to go to court to evict you and this could take 6 months or so. In this case I would start looking for another rental and request some form of compensation from the landlord.
 
1 - 6 of 6 Posts
Top