[schadenfreude]

A week ago I signed a rental contract for a holiday cottage in Andalucia. The landlord did not leave me with a copy of this contract and neither a verbal and email request nor asking for a copy at the office of his rental agency, has resulted in me getting one. So I wonder:

a) Do I have a legal right to a copy of my rental contract?

b) Without a copy of the contract do I have to abide by it, as I have no way of checking whether I am complying with all of its conditions?

Your advice would be much appreciated.

 

[xabiaxica]

A week ago I signed a rental contract for a holiday cottage in Andalucia. The landlord did not leave me with a copy of this contract and neither a verbal and email request nor asking for a copy at the office of his rental agency, has resulted in me getting one. So I wonder:

a) Do I have a legal right to a copy of my rental contract?

b) Without a copy of the contract do I have to abide by it, as I have no way of checking whether I am complying with all of its conditions?

Your advice would be much appreciated.

:welcome:


I've moved your question to 'Spain'


you say a contract for a holiday cottage - how long is the contract for?

 

[Cazzy]

We let out a holiday home, there is no rental agreement as such. The client fills in a form asking for their arrival time, number of people etc. On it also states a few terms and conditions like the fact that we take a returnable deposit and what time the house has to be vacated by.

 

[xabiaxica]

We let out a holiday home, there is no rental agreement as such. The client fills in a form asking for their arrival time, number of people etc. On it also states a few terms and conditions like the fact that we take a returnable deposit and what time the house has to be vacated by.

that's why I asked how long the contract is for...............as we know - there are a lot of 11 month 'holiday' contracts out there

 

[Cazzy]

that's why I asked how long the contract is for...............as we know - there are a lot of 11 month 'holiday' contracts out there

True, but then he would have a proper rental agreement drawn up by a solicitor, anything under 3 months is classed as a holiday.

 

[xabiaxica]

True, but then he would have a proper rental agreement drawn up by a solicitor, anything under 3 months is classed as a holiday.

yep - that's why we need to know

 

[schadenfreude]

Renter`s Rights

Thankyou everyone for your responses. I was unable to provide details yesterday because the internet reception in my area of Spain is poor. Here are the details:

My rental contract is for three months, although the option of extending it has been suggested.

It has always been referred to as a "contract", and it is two pages long, covering such details as my share of electricity costs and care of the surrounding grounds, and owners access to the property.

This is why I think I am entitled to a copy and wonder if I have a legal right to one,
as without being able to refer to the contract details, I might violate some term and lose my deposit.

Can someone advise me?

 

[xabiaxica]

Thankyou everyone for your responses. I was unable to provide details yesterday because the internet reception in my area of Spain is poor. Here are the details:

My rental contract is for three months, although the option of extending it has been suggested.

It has always been referred to as a "contract", and it is two pages long, covering such details as my share of electricity costs and care of the surrounding grounds, and owners access to the property.

This is why I think I am entitled to a copy and wonder if I have a legal right to one,
as without being able to refer to the contract details, I might violate some term and lose my deposit.

Can someone advise me?

I would keep chasing for a copy of the contract - it doesn't sound like it's a true 'holiday let' in any case if you're paying electricity & so on & it might be extended

are you actually living here in Spain & if so, is it your only/main residence here?

if you are, you might want to check this out Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos

if you don't read Spanish just put the url into googletranslate & it does a pretty good job

 

[snikpoh]

My two penny-worth is that I would NEVER sign any thing that I didn't get a copy of.

So chase it up and insist on a copy (signed by both parties).

 

[Cazzy]

My two penny-worth is that I would NEVER sign any thing that I didn't get a copy of.

So chase it up and insist on a copy (signed by both parties).

Remember if it is not in Spanish it is not legal!!!!

 

[schadenfreude]

Renter's Rights Re-affirmed!

O friends and helpful advisors, perhaps I have a cautionary tale worth relating.

Concerned as I was about the failure to receive my copy of a two-month rental contract in Andalusia, I resorted to informing the rental agent that I would make no further payments(for rent or services) until I received a copy on the grounds that I could not be expected to remember the terms and conditions of a three page document.

However, in doing this I realised that should the rental agency and the landlord decide to take issue with me, there would be nobody in the nearby small town that I could go to for objective legal assistance, let alone advisors who could speak English.

The following day I was in Málaga and was fortunate enough to find a lawyer who led me to a member of his practise who spoke good English. When I explained my problem, he immediately assured me that not only was I within my right to withhold my payments, but the agency and the landlord were breaking the law by not giving me my copy of the contract, and I could report them to the police.

He then called the agency’s office and left a voice-mail summary of what he had told me. He said that he would make direct contact with the agency, so that I could be assured that they had got the message.

Other than my email address, he asked for nothing and waved away my attempts to pay him.

About two hours later, I received an email from the lawyer saying that he had spoken with the head of the rental agency, who now agreed to provide me with a copy of the contract. He then told me his usual fee for such a service, which I was happy to pay immediately. Later in the afternoon, having in previous weeks made three unsuccessful attempts to do so, I finally obtained my copy of my rental contract from the agency.

/SNIP/