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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Thanks for your reply. There are certain conditions that they

Customer Question

Thanks for your reply. There are certain conditions that they want to put in the Spanish contract which we have never agreed or discussed that I am 100% not happy with such as
-that if I leave the apartment for more than one week I have to inform them
-the landlord is demanding a set of keys because I have 2 the master set and the spares
-the landlord has said that no-one is allowed to stay in my home if I am not there, difficulty being that my husband is severely disabled and therefore family and friends have to help out and sometimes I take him away for a few days for a break and I don't think it's correct for me to tell somebody you have to get out of my home because I'm taking my husband away for a few days.
- as the landlord is post stroke but is able to get about, has his own car and own flat I have always had to deal with his fiancé, she now refuses to give me his new address and insists that everything gets sent to her house and she informs me the contract will be in his name but at the address of her home is this legal because we do not have a contact address for the landlord?
Submitted: 2 years ago.
Category: Law
Expert:  Kasare replied 2 years ago.
Hi,

Where about in Spain is this so I can provide more specific advice?
Customer: replied 2 years ago.
It is in a la cante, Costa blanca
Expert:  Kasare replied 2 years ago.
Hi Beverley

I have to say I don't know about the Court waiting times in Alicante(?), Costa Blanca, specifically, but they are quite extensive throughout Andalucia. There is supposed to be a new law for landlords with issues with tenants not paying rent and a quick process to remove them, but that is not the case here.

You have no obligation to:

a) Discuss these matters with her - how do you know she is actually acting with the authority of the landlord?;
b)the three conditions are unreasonable and unenforceable - simply advise the landlord (not her) that these are unacceptable.

At present, under Spanish law, you are in the best bargaining position and if they would like any form of co-operation with you, then they need to start being a little reasonable.

I would be highly suspicious of this person and the so-called demands from the landlord. Stand your ground here. As far as they are concerned, they provided you with a lease - in English - with their terms and conditions. You have signed it and have, thus far, acted in accordance with the terms. There is no other agreement at present that can state otherwise and you do not have an obligation to sign any new contract.

You could actually leave the property given the breach of confidence and they would not be able to do anything. However, if you have paid a deposit, given certain unscrupulous landlords in Spain not giving deposits back to tenants, many simply remain in the property without paying rent for the period of deposit paid before moving. Obviously, that is not legal advice, but practical advice!

Anything else, please let me know.

But do not allow yourself to be bullied. At present you have the upper hand in this matter not them.


Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience: Solicitor, 10 yrs plus experience in civil litigation, employment and family law
Kasare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi thanks for your reply I wanted to ask you something. Lisa the girlfriend that is his representative
He phoned me last night and left a message that he agrees with everything she sends me ,and I must deal with her she emailed me at quarter to eleven last night accusing me of pressurising the Landlord into giving me a 3 year contract ,and that he kept telling me he didn't want to do it ,she was the one who wrote the contract out and I had to collect it from her house I really don't like the implication as he is post stroke although he is able to drive,has his independence,and own flat it seems that she has now changed her bullying by making it look as if I have been putting pressure on a disabled person
I have thought of replying and saying in light of the accusations made against me in your e mail last night I will no longer deal with LIsa your representative I will only deal with your solicitor if I do something along those lines can they serve notice on me to get out of the appartment
Or will I be able to stay there pending the outcome of legal proceedings
Expert:  Kasare replied 2 years ago.
Hi Beverley

Don't get involved in her games. Tell her you have a contract provided to you by them and that is that. If they want to change this, then it must either be suitable for you and your needs or she can take you to court...in Spain!

Also I would recommend you email the landlord and tell him you will no longer deal with his partner in any event due to get rude and threatening behaviour. Furthermore tell him that if she contacts you again either by phone or email in a threatening or abusive manner, 1) you will record it and 2) you will file a complaint with the UK police. It is an offence in the UK to harass someone in this way. This is covered by the Protection from Harassment Act 1997.

As I have said, in Spain you have the upper hand in this property not them. However, if I were you, I would start looking to find somewhere else and give them the required notice. If the deposit is not in a safeguarded scheme, like in the UK, I would not recommend you pay the last months rent (if it's a month deposit) as is often done in Spain, as you will find it difficult to get your deposit back!

Sorry you are having such a bad time with this woman. Clearly she has plans for the place! Stand your ground and tell them, if they want to change it to a spanish contract it will be on standard and your reasonable terms.

Good luck!

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