Urgent help required re-Spanish rental law
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Hope someone can help us on this. We are currently in dispute with our Spanish landlord. We took over the property on November 1st 2009 and since then the boiler that heats water downstairs has not worked so that we have to boil a kettle to do washing up and the washing machine only washes on cold. There is a separate system for water upstairs with a panel on roof that heats water only when we have sun for which there is a switch to supposedly provide hot water at other times. This also does not work so since November we have only been able to have a shower on only about 5 occasions. The landlady and the agent have been informed about the situation more than once and nothing has been done to rectify this. In addition to this we suffer constant power cuts which has resulted in damage to our TV and sky system. We have witheld the rent for 2 months now and still nothing has been done, we have now been told that legal proceedings are in place to evict us, although we have not received in notification in writing. In addition we have today received an email from the agent saying that under a new law we will be evicted by the police and thrown out on the street very shortly, but not given a timescale for this. Is the agent just trying strong arm tactics to scare us or do we have rights as the landlady has failed to maintain the property to a habitable standard?
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Have you looked at your rental contract? That should state the obligations on both sides, plus your tenancy will be subject to that contract rather than any new law that has come into force, because I doubt if the new law can be applied retrospectivally to existing contracts. You certainly should have the right to hot water, though if the power cuts weren´t caused by any action of the landlord, he can´t be held responsible for them (power cuts in Spain aren´t exactly unknown though luckily seem to be resolved fairly quickly!)
Good luck and hope everything is resolved OK.
Sue
_______________________
Sue Walker
Author of "Retiring the Ole Way", now available on Amazon
See my blog about our life in Spain: www.spainuncovered.com
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As you have a terrible landlady (not to mention the agent) who is quite obviously not maintaining your basic needs why aren't you considering moving out anyway, spandangler?
I can only sympathise with your perdicament which is appalling & I understand your concerns, I really do.
Good luck!
_______________________
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I would suggest you to issue a written claim on your problems, as soon as possible. This way you can oppose it if they finally sued you.
Best,
Maria
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Dear spandangler
Send the landlord a burofax (in the post office bring them a letter in a piede of paper and ask them to send a burofax) to your landlord stating your problems and the reason why you are holding back the rent.
This will give you a defense in case you are sued and, by Law, they must look after all services and maintenance of the installations. This includes hot water, boiler...
Regards
_______________________ Martin de La Herran Sabick
Abogado / Lawyer (reg. 851 Jerez)
www.abolex.es
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