rentals

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Janet Humphreys
Tourist
Posts: 12
Joined: Thu Sep 30, 2004 2:23 pm
Location: Benalmadena

rentals

Postby Janet Humphreys » Tue Sep 27, 2005 9:48 pm

We have been living in a rented house for almost 3 years. I have given notice to the landlord that we are moving out at the end of October. We are on a 11 month "contracto de arrendaminento de vivienda por temporada" agreement, the current contract is due to expire at the end of October.
Last month the landlords got a divorce and now it has come to light that the husband has never paid any community fees on our house, the wife who has now taken over is demanding that we pay her for the previous 2 years. Our current contract has a paragraph where the community fees are crossed out and is signed by both myself and her but she is stipulating that we owe them for the previous years.
My book written by David Searle on the law has a paragraph on this subject but it is open to interpretation and not so clear.
One small problem is she is holding 2 months deposit.
Any advice/ suggestions would be helpful
Best wishes
Jan

Any suggestions advice would be grateful.

El Cid
Andalucia Guru
Posts: 16087
Joined: Sun Oct 24, 2004 10:42 pm
Location: La Herradura, Costa Tropical, Granada

Postby El Cid » Tue Sep 27, 2005 10:31 pm

You may have a Temporada contract but if you have been there for 3 years the courts would almost certainly regard you as long term tenants with all the rights that that entails.

I suggest you point this out to them and suggest that you might take up the option to be regarded as long term tenants where they will be severely constrained in their ability to increase the rent and even less likely to evict you.

With a bit of luck they will be happy to get rid of you and pay you your deposit.

Sid


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