Embargo on property

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20 Oct 2010 12:00 AM by Sanchez1 Star rating. 853 posts Send private message

We've just found out that our community is taking our landlord to court for non-payment of community fees.  They are going to put an embargo on the property.

Should I be worried about this and how long is the process likely to take?  I'm guessing it would take at least a year to go through the courts?

Thanks



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20 Oct 2010 2:42 PM by Faro Star rating in London. 1139 posts Send private message

As a tenant you have nothing to worry about unless community starts to ban you from using facilities.

One or two communities have resorted to such tactics where property is rented and landlord does not pay community fee.

But you should tell landlord to pay up!!!





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20 Oct 2010 3:38 PM by joanmalaga Star rating in Costa del Sol. 419 posts Send private message

Nothing to do with you, you have a contract and pay your rent, i dont belive they can stop you from using any of the facilities, this has nothing to do with you.

Furthermore if for whatever reason they put and embargo and the property ended up going to auction which i doubt they have to respect your rental contract to the end and can not take possesion of the property till then.

Joan





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21 Oct 2010 1:08 PM by Sanchez1 Star rating. 853 posts Send private message

Thanks for the replies.  I am just a bit worried that we'll end up out on the street when/if the property has been sold.  As long as we get plenty of notice of impending eviction, it's not an issue.

Faro, My landlord has been steadily paying down his community debt, as agreed with the previous administarator and president.  He owed 1500 a year ago, but it's down to around 400 euros now.  We now have a new president and administrator who are being very heavy handed.



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21 Oct 2010 7:15 PM by Marbella29649 Star rating in Mijas Costa, Costa d.... 58 posts Send private message

I feel sorry for your but not your landlord.

I'm sick of paying communinty fees while other people rent out their apartments while owing thousands.

Where I live we are owed €65,000 in unpaid fees.

If it upsets the renters then good they can then get onto the owners and complain.

 



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22 Oct 2010 7:23 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

 Sanchez1:

Every case is differnt: it depends on if your contract is for housing or not, if the rental is registered in the Land Registry...

In many occassions the most advisable thing is usually to look for a new property to rent and, if worth it, to ask the landlors for a compensation.

Good luck and please keep us posted!

Maria



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22 Oct 2010 9:23 AM by Faro Star rating in London. 1139 posts Send private message

There's no way this is going anywhere so don't worry - even if it did it would take years in the Spanish legal system.

and there is no way this property is going to auction for a debt that is being paid off and at the moment is only EUR400.





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