Aval and Express Evcitions

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19 Feb 2009 12:00 AM by Rob in Madrid Star rating in Madrid. 274 posts Send private message

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Not sure if this is new or if landlords didn't bother with it, but we are in the process of renting (to buy) a new apartment and the landlord asked us to sign an express eviction document (not sure of Spanish name as we don't have a copy) as well as an Aval.

After a trip to the bank I found out an Aval is in essence a  line of credit offered by the bank in lue of rent should one default. Combined with the express eviction means the landlord's butt is covered should we defeat. He is guaranteed 2 years rent and can kick us out of the place within 30 days should we stop paying. Fantastic deal for him.

BUT

there is a huge negative to this, unless you have a very good job and a stellar credit rating you won't be able to rent an apartment anymore. So what do you do if your unemployed or have a poor credit rating etc, welll.....

2011 is when the Shit will really hit the fan.

debated putting this in a separate thread but the two really tie together well. Edward Hugh in his excellent Spanish Economy blog (warning it's like a slow motion train wreck, each post things are getting worse) to quote


My argument here is addressed not to the United States, but rather towards the imminent danger of economic catastrophe in Spain, and towards those who shoulder some of the responsibility for trying to see that it does not happen. This year we will see between 4.5 and 5 million unemployed in Spain. Next year these numbers could rise to 6, or even 7 million. After two years standard unemployment insurance coverage runs out (in the best of cases) for Spanish workers, and there is no systematic system of social security in place as there is in the UK, France, or Germany. So if the worst gets to the worst, just how will these people live? How will they eat, let alone how will they pay their "oh so precious" mortgages. (or pay rent or get an aval)


So what do you do if you don't have job and can't get an Aval, well you either move in with Mom and Dad or join the homeless. I expect in 2011 as UI runs out that you'll see a huge uptick in the homeless, and it won't be the usual, the drunks, drug addicts etc but people like you and I.

Like I said reading his blog is like watching a slow motion train wreck.



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Decided after all I don't like Spanish TV, that is having compared both.




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19 Feb 2009 3:17 PM by myra cecilia Star rating in Manilva Malaga. 213 posts Send private message

Hello Rob.

 

We at the office have tried to check the authencity of this claim of a special document for rapid eviction and it does not seem toi exist.

myra cecila



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Myra Cecilia. www.costaadvicebureau.com




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20 Feb 2009 6:13 PM by Rob in Madrid Star rating in Madrid. 274 posts Send private message

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It's called Garantia de Alquiler and it costs 52€. You can evict a tenant in a bit over a month vs several years the old fasition way. I would expect this days that it would be impossible to rent an apartment without signing one.

website www.pnag.es 

I'd love to know how it works but, unsurprisingly, it's all in Spanish.

btw it should read Aval and Express Evictions not Evcitions

 

 

 

 


 


 



This message was last edited by Rob in Madrid on 2/20/2009.

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Decided after all I don't like Spanish TV, that is having compared both.




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22 Feb 2009 5:15 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

We always recommend for rentals:

- To submitt the contract to arbitration rather than Courts.

An eviction process can take months and this submissions allow you to have an Arbitrator decission within 30-40 days.

In present times, I would say it is a must.

Best,

Maria

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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22 Feb 2009 7:23 AM by Rob in Madrid Star rating in Madrid. 274 posts Send private message

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Is that what a Garantia de Alquiler is? An agreement to take to Arbitrator. And can you submit the contract to arbitration with the tenants agreement?



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Decided after all I don't like Spanish TV, that is having compared both.




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23 Feb 2009 8:04 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Yes, you need the tenant agreement to submitt the contract to arbitration, but I cannot see the tenant refusing it. It i was the owner, I would definitely not rent my house to someone does not agree on having the submission to arbitration. I would very much doubt of good faith there.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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23 Feb 2009 8:27 AM by Rob in Madrid Star rating in Madrid. 274 posts Send private message

Rob in Madrid´s avatar

 that's why the owner made us sign a Garantia de Alquiler before renting us the flat, even though it's a rent with the option to purchase

 

 



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Decided after all I don't like Spanish TV, that is having compared both.




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23 Feb 2009 10:00 AM by timw Star rating. 12 posts Send private message

 

Unfortunately the PNAG guarantee scheme is not worth the paper it is written on!!
 
We have been using this company for probably 2 years and have spent thousands of euros on these guarantees over this period and have unfortunately had the need to use it 3 times.
 
On each occasion PNAG have failed to deliver on any of their promises
 
On the first occasion we sent off all relevant forms by registered post and nothing happened for nearly 3 months despite constant telephone calls, they said they had too few staff to deal with so many cases and we were in a backlog? The tenants finally left on their own accord owing monies and leaving the property filthy.
 
On the second occasion the company lost the paperwork and later said we had missed out some paperwork despite us sending everything asked for, they eventually sent us everything back but unfortunately the paperwork we received was not our paperwork but related to another tenant we had never heard of!, our bad tenant by this time had got fed up of us chasing and left owing money.
 
On the last occasion in December we tried yet again and on this occasion DHL returned the paperwork back because the office of PNAG either did not exist or could not be found, this problem tenant is still in situ, he will be sat in the dark with no water within the next few weeks so hopefully he will no longer be a problem however due to the false promises of this company he has managed to stay longer than necessary because we had believed/ hoped this company would provide the service we had paid for.
 
 
All in all this is just another scam to charge people for a service that they hope they will never need to provide and when their luck runs out they will duck and dive and try their utmost to play for time whilst hoping that the problem tenant leaves on their own accord
 
 
 
I have researched this problem on the internet and this company comes up a lot mostly on Spanish forums and are being denounced regularly for this, I have no evidence that they have ever managed to remove a non paying tenant and from my experience I very much doubt they ever have.




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23 Feb 2009 3:33 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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There is a good company in my opinion, it is called Arrenta and they have already offer some bonus to EOS members....Justin? can we tell them?



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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23 Feb 2009 4:42 PM by timw Star rating. 12 posts Send private message

 

Maria do you know of anyone who has used their services and had a successful eviction of non paying tenants ?




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24 Feb 2009 6:38 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

We have not used them for evictions so far, but the arbitrtation system for this type of cases is the optimal one, in my opinion.

I am sure the Arrenta people will be able to offer to you some examples.

If I were you, I would definitively take it.

Best,

Maria


 



This message was last edited by mariadecastro on 2/24/2009.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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24 Feb 2009 4:06 PM by timw Star rating. 12 posts Send private message

 

Unfortunately with any sort of insurance you only find out how good they are when you need to make a claim.
 
PNAG is supposed to be an arbitration scheme however from my experience this is just another scam to add to the list on this coast.
 
I will look into Arrenta but if anyone wants a PNAG guarantee I have a box full I can sell on cheap




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27 Jul 2011 6:11 PM by alhaurin Star rating. 17 posts Send private message

For   a professional, speedy eviction service with a proven track record take a look at www.rainbowrealty.es  Problem Tenants section, this company uses a law firm with extensive knowledge and dedicated lawyers who deal solely in Tenant problems, non payment of rent etc





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