Tenerife forum

fionakeen · Pro Reefer Joined: 13 Sep 2006 Posts: 368 Location: Adeje

As you are all aware we are back in the u.k at the moment and have decided to rent our appt out for 6 months and see if we can get our mortgage paid for us instead of having to send the money over every month.

We managed to get spanish tenants interested within 3 days and they are currently in the appt for 6 months.

The only thing that is worrying me is that after chasing the estate agents for the last 3 weeks for them to get the contract to me(what did i expect Confused

) it has come through and states 12 months( managed to work that bit out amongst all the spanish!) so when i emailed the estate agent back she said not to worry and that i can cancel the contract at any time by emailing them, and that both themselves and the tenants are aware that they need to be out of the appt in 6 months.

Is it standard practice for them to draw it up for 12 months, as the estate agent was trying to push me for 12 months rental but i only wanted 6 months as we are back out in September.

Sorry to go on but i dont want to put pen to paper and find i am homeless when all 4 of us turn up with cases in September Shocked

Thanks in advance Wink

jenny · Senior Moderator Joined: 29 Aug 2005 Posts: 5198

Have you signed the contract? If not, get them to change it to 6 months before you do.
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rob · Last edited by rob on Sun Mar 30, 2008 6:12 pm; edited 1 time in total

Why, why, why do people not use their heads? Sorry Fiona but if you have signed you have now signed up for 12 months with the tenants having the option of renewing for up to 5 years! The contract states 12 months and that is what they have! No verbal agreement can ever over ride the law of the land.

I'm assuming that you've used a Spanish estate agent? Did you sign anything to give them the right to let your apartment?

Many local residents look for a 'foreign' landlord because they know that the courts will favour them when it goes to court for non payment of rent etc.

I'm moving this thread to Questions and comments because its far too important to go in 'chit chat'.

Do not sign that contract! Get yourself a good lawyer, and not one that your 'estate agent' recommends either.

Has any money been paid to you? If so you should ask your lawyer about returning it or refusing it. IMMEDIATELY.

Sorry to be the bearer of bad tidings and please don't shoot the messenger!
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Just to add...

I have only ever signed 3 months or 6 months. I am now with a spanish company and resign every 6 months. I have the option of taking out a 12 months contract....but at present do not want to.

I can tell you though that if you rent your property out to the same people for over 2 years...then want to sell....you have to give them first refusal to buy...or they can stop the transaction in mid-flow and take over the buying at the price stated on the escritora...not the asking price.

This wont apply at the moment of course because its only a year..or 6 months.

take Robs advice and seek legal advice.
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rob

Many people try to get around the law by doing this but if you've got a succession of 3 month or 6 month contracts it is treated in law as a continuous contract. To avoid this your landlord must make you move out for a month after each contract.
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fionakeen · Pro Reefer Joined: 13 Sep 2006 Posts: 368 Location: Adeje

I haven't signed anything yet as i wasn't happy with the fact that it stated 12 months and not 6.

Yes i have used a spanish estate agent, and they were the ones who intially rented it out before we bought it from the previous seller.

rob

rob

Another point...... allowing tenants to have occupancy before contracts are signed is equally dangerous. What happens if they've paid a deposit and the first month's rent are allowed to move in and later refuse to sign? You as landlord have no rights at all!!!! The law regard this as though you were intending to let without declaring your income which means you have no legal way of getting your apartment back even if the tenants are paying no rent!
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fionakeen · Pro Reefer Joined: 13 Sep 2006 Posts: 368 Location: Adeje

So does that mean that all estate agents are not to be touched by any means then?

Cant do anything now until Monday anyway.

Seemed a good idea to not have to fork out 6 months mortgage while we were over here not living in the place.

rob

Dianne

Oh S**t Fiona, I hope you get this sorted to your advantage.

Thats the good thing about this forum...... you can get some good advice from others who know the facts.

Good luck
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ROB!!!
You are talking out of the wrong end!! Stop frightening people with incorrect information, you drama queen!! Do you enjoy this sort of thing? Do you get a kick out of it? You sadistic pig!! Of course they can get them out by giving a months notice, the 5 years you are refering to is regarding the rent, they cannot put the rent up for 5 years. Go and play with the traffic and make Tenerife a happy place.

rob

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Rob,
If you read what was actually written instead of what you think was written, you will see that Fiona has not signed a 12 month contract, she is arranging with the estate agent to sign a 6 month contract. After 5 months she will arrange to give the tenants one months notice. What is the point of having a specified contract if tenants can stay for 5+ years. Fiona does not have a problem and she didnt think she did until you answered her post, she was just checking what she had already been told. I suggest you read 'You and the law in Spain' by David Searl'. The very informative book is written by a Spanish Lawyer and updated every year. Fiona was perhaps a little gullable, which is understandable as she was only in Tenerife for a short time. Her estate agent will make sure everything is above board and done correctly. The last thing she needs is someone like you worrying her unnecessary. You are trying to tell her what WILL happen instead of what could happen if things are not handled correctly. Is your glass always half empty? Its a very sad way to live!

xLisax

Ouch. Penny!
Rob is only trying to help.. He isnt trying to scare anybody!
Everybody on this forum knows of how Rob speaks and knows how to take it in what way!..

Name calling is a bit unnecessary seeing as this was your first posting..
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