Advise please on renting in a community

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09 Oct 2007 12:00 AM by svl Star rating. 5 posts Send private message

Hi

I'm relatively new on here and have just posted a thread under short term rentals, not sure if in correct place, basically having trouble with Swiss owned complex in Mallorca, being told we cannot rent apartment  privately, can only be done through them, no community charge then has to be paid but we do not gain financially, but will be sued if we rent privately, and cannot sell it either as they are putting off all prospective buyers!..........help!! how do we pay mortgatge and community charge if we cannot rent??..............please look at thread (it is freehold with no restrictions in title deeds)





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09 Oct 2007 12:19 PM by Pitby Star rating in Andalucía. 1904 posts Send private message

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svl, I've posted a reply under the renting out thread, with this same link.

www.telegraph.co.uk/global/main.jhtml

If this relates to you, hope it helps you further investigate your situation.

Regards,



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16 Oct 2007 1:19 PM by topman Star rating. 2 posts Send private message

Hi svl,

 

Its correct that you cannot rent out an apartment in Mallorca unless the complex is licensed as a tourist complex. Its sounds like  yours is not and you wont be able to get an individual license as they are only allowed for detached properties. Mallorca is very strict on this and more strict than the other regions of Spain and the penalty can be 20,000 euros if you get caught or reported by others in the community or the management company. Was you sold it as a potential rental property?...maybe you could have some comeback on the agents.

 





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22 Oct 2007 7:42 PM by acezz Star rating. 94 posts Send private message

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Come back on the agents................HaHA.......good luck

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22 Oct 2007 10:56 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Well, you need to see first if your apartment is a touristic apartment ( depending on the land where it is built: which is in the deeds and Property Registration) and then see if the renting would be submitted to the Touristic apartments regime of the vacational house or regular rental one.

It differs from one Community to another, but know that rental rights are part of the constitutionalized right to private property ansd restrictions need to be freely consented by owners and never imposed.

Did you buy the apartment as a touristic apartment?

 



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03 Nov 2007 4:21 PM by svl Star rating. 5 posts Send private message

Hi Maria

Thanks very much for reply, yes, our complex is registered for tourism, I will sen you more detailed info on a private message.

Regards

Sharon





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03 Nov 2007 7:03 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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ok. please do.

m



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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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