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Handy Sevy
28-02-2013, 17:33
Hi. I have just rented a restaurant, but problems keep poping up, so I would appreciate some advice. The advertised restaurant for rent had a rental price of 750 euro excluding water and electricity. When I met the english speaking owner, she explained that the rent is for the fully equipped restaurant which has all necessary permits and papers, so I just need to rent it and I can start working immediately. The owner also showed me an underground parking where I could park. After we signed the contract it turned out that the parking spot had to be payed separately. Well, I through that maybe I did not understand very well what I was told so I swallowed it. After I started working the owner kept bringing other people to see the place every day. When I disagreed with this and asked why is the owner still renting the place when it is already rented, I was told this is just in case I give up or decide not to renew my contact after it expires. Today I was also told I have to pay significant community fee which was never mentioned before. Also it turned out that the gas bottles that the restaurant runs with are illegal and the community gas installation has to be used instead. To join this instalation an initial fee shout be payed which the owner refused to cover explaining that in the contract it says I have rented a LOCAL, not a restaurant so if I need gas for some reason I should pay for it. Once again I would like to say that the rental advertisement was for a fully equipped restaurant ready to work. The contract itself was in Spanish which was also weird as we both renter and tenant speak English. I feel totally mislead and cheated as hidden costs popup every day since I started working. Now my greatest concern is if I have not been mislead also by the claims of the owner that the place has all papers and I can work without doing any aditional paperwork. Please advice.

YOUNG GOLFER
28-02-2013, 18:19
Why did you not use a good agent or a gestor ?

TenerifeTeddy
28-02-2013, 18:55
Sorry to say, but from your post it sounds as though you have been had! All too familiar a situation unfortunately.

I think you need to get a fluent Spanish speaker to go through the contract with you ( you should have done this before you signed it, of course), but at least you should find out any other hidden surprises.
It may be cheaper to walk away, than keep finding other hidden extras, especially if the place is not legal, because it is you who will be fined by the inspectors if they call, not the landlord.

casabonny
28-02-2013, 19:23
As I understand it opening licences are not TRANSFERABLE so you would have to apply for one in your own or your company name.I also agree that it doesnt look good for you.Perhaps naming and shaming the Local owner might be good so others dont get caught.
Have you paid a deposit or straight rent?If the latter then as Tenerife teddy says you may be better off walking away and looking for something else.

Handy Sevy
28-02-2013, 20:55
Thank you for your valuable posts! Im am ashamed of my stupidity. I am just a very positive and honest person and I simply trusted everything the landrord said as my first and obviously wrong opinion was that she is a nice and honest person too. Is there a way I can cancel this contract? It actually starts tomorrow 01.03. And yes, I was also stupid enough to leave a deposit. Glad I have managed to lower it from 8000 to 1000.

sundownersvince
28-02-2013, 22:46
Walk away mate. Being a nice guy you probably wont remove any equipment to the value of €1000.......

Handy Sevy
28-02-2013, 23:23
Probably not. :-))) Simply there isn't any equipment worth 1000. And it's actually 1750. As I payed deposit and one rent in advance. I will have a word with the owner tomorrow and if it does' t work I will share her name here so no one else falls in this trap. She is a member of this forum do. One thing is for sure - no one will steal 1750 of my hard earned money. Thank you again for your time and support .

9PLUS
28-02-2013, 23:35
Hi Handy Sevy,


If you think there has been a breach of contract get it sorted BEFORE you start working.

Fully understand what you may be getting into

I repeat DO NOT START WORKING if you are unsure, you maybe breaking the Law.

I fully understand how you feel I've dealt with quite a few bar/businesses etc... that the new renter has been left in a mess

The contract would always be in Spanish because that's where we are, regardless of you nor the owner being Spanish

Its a legal document,

Quite right normally the landlord system is not opted for in Spain so you always rent a LOCAL

Within that local you would be responsible for all legalities and installations




By the way where is the rest. located, you may PM me if you would prefer to.








As I understand it opening licences are not TRANSFERABLE so you would have to apply for one in your own or your company name.I also agree that it doesnt look good for you.Perhaps naming and shaming the Local owner might be good so others dont get caught.
Have you paid a deposit or straight rent?If the latter then as Tenerife teddy says you may be better off walking away and looking for something else.




Not always true casabonny there's a lot of factors to throw it one way or the other toooooooo many to mention here.

obs
28-02-2013, 23:36
One thing is for sure - no one will steal 1750 of my hardly earned money. Thank you again for your time and support .

You might want to edit that bit Sevy :wink:

9PLUS
28-02-2013, 23:42
Any chance this is in Puerto Colon?

Handy Sevy
28-02-2013, 23:49
You might want to edit that bit Sevy :wink:

It is done! lol

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Any chance this is in Puerto Colon?

9PLUS, PM sent.

bonitatime
01-03-2013, 10:10
Licences can be transfered. We were talking about this is another thread
Try to find an English speaking Gestor or lawyer to look at the Papers.

honda
01-03-2013, 15:15
Hope you get sorted. Way to much of this thing going on here. If it's not difficult enough for honest folk to make a living.

Goldenmaniac
01-03-2013, 15:23
Have a look here http://www.diana-mcglone.com/#WorkingforyourselfinTenerife it's a basic check list of what you should have and be doing, can't agree strongly enough that you should get some independent advice ASAP

boredinscotland
01-03-2013, 17:20
If you have been done, wreck the place and walk away, lesson learned hard way

Handy Sevy
01-03-2013, 18:44
I don't know how to thank you all for your valuable advices and for your support! it seems that other tenants renting another property from this same owner also have serious problems and also have been mislead. I think we have serious chance in winning this in court if we file a joint claim against the owner.

fixer
01-03-2013, 18:50
I don't know how to thank you all for your valuable advices and for your support! it seems that other tenants renting another property from this same owner also have serious problems and also have been mislead. I think we have serious chance in winning this in court if we file a joint claim against the owner.

Court system incredably slow better to walk away will be cheaper.

marbro8
01-03-2013, 18:56
I don't know how to thank you all for your valuable advices and for your support! it seems that other tenants renting another property from this same owner also have serious problems and also have been mislead. I think we have serious chance in winning this in court if we file a joint claim against the owner.i was going to ask, could you not denunce her? or at least tell her that's what you are going to do, and tell her you are going to warn others on the forum if she doesn't give you your money back, you never know, if she is a well respected forum member she won't want the bad publicity?:)

Handy Sevy
01-03-2013, 18:56
If you have been done, wreck the place and walk away, lesson learned hard way


You are right it is a lesson learned the hard way, but I will not walk away! I will take this to the end. No matter what it takes. I have two small kids and we have all sacrificed something to be able to save this money and to start a business which was ment to support us. I will also make my best to protect other people from making my mistake. Even if I will have to seat infront of the place everyday and warm everyone that comes to see it.

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Court system incredably slow better to walk away will be cheaper.

Not if I take it to the E.U. court. As a citizen of another country I have the right to do that. Also if your claim is up to 2000 Euro it's totally free.

AL JAY
01-03-2013, 20:01
It doesn't take an Einstein to find out who the poster is :wink2: ,it looks like it was up for rent last year as well! took me 2 minutes!

golf birdie
01-03-2013, 20:16
Not if I take it to the E.U. court. As a citizen of another country I have the right to do that. Also if your claim is up to 2000 Euro it's totally free.

I don't think you can use the small courts if you are a business which if you have a contract I'd guess you were. I also don't think they get involved in rent disputes.

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I think you will have to try and walk away and learn a very painful lesson, don't even look without professional advice and help. You are not the 1st and without a doubt you won't be the last.

Susief
01-03-2013, 21:02
It doesn't take an Einstein to find out who the poster is :wink2: ,it looks like it was up for rent last year as well! took me 2 minutes!

Even I twigged after a quick search!

Is the new business Italian?

I hope you can get it sorted. It's sad when other people take advantage! Come across it myself in Tenerife! I believe in karma though!

Handy Sevy
01-03-2013, 21:03
No I have rented the place as a private person so I can use the small courts. Have checked it with a lawyer today, but I will involve other more specialized lawyers if I need to.

warbey
01-03-2013, 21:05
I applaud Your intentions.

However, with small Children They come First.. Please dont forget that.

Good Luck whatever You do.

How can People treat Others like that and Sleep at Night.?

I will never know..

Handy Sevy
01-03-2013, 21:10
No one was ever threatened in this thread. Holding on to my rights and announcing that I will fight for them is not a threat. It's a promise.

golf birdie
01-03-2013, 21:31
No I have rented the place as a private person so I can use the small courts. Have checked it with a lawyer today, but I will involve other more specialized lawyers if I need to.

I learnt a long time ago, ask 10 lawyers the same question and you will get 10 different answers. I really would think long and hard before throwing good money after bad. I hope you find a way to get your money back but Tenerife experience tells me you are in for a long fight.

Handy Sevy
01-03-2013, 22:16
I know it is just as you said. And this is the reason this people do all this. They just hope you will walk away and put it behind. Well, not this time. I am just the wrong person to mess around with. I hope this settles quietly and peacefully, but if it doesn't I will go all the way. The lawyer came up with a nice plan today, but I can not share it here at this point for obvious reasons.

slodgedad
02-03-2013, 02:38
I know it is just as you said. And this is the reason this people do all this. They just hope you will walk away and put it behind. Well, not this time. I am just the wrong person to mess around with. I hope this settles quietly and peacefully, but if it doesn't I will go all the way. The lawyer came up with a nice plan today, but I can not share it here at this point for obvious reasons.

Not to be pessimistic but, have you checked the lawyer out?

Javier
02-03-2013, 05:16
What a load of BS from you Sev. I know the people/owners personally. You have threatened her saying one way or another you are going to get this money out of her...What do you mean? A denouncia has been filed. The police will visit you soon and ban you from going down to the local.

This is what happened everyone. In February Sev and owner met 4 times , Sev viewed the property and paperwork. Sev would not listen to a word the owner tried to tell him about the paperwork and kept interupting her and saying that he knows everything and everybody and all his friends from the pub told him that everybody here opens without paperwork. Sev you agreed to pay 1000E deposit and 750E rent on the 19th February and signed the contract. But after signing , you only gave ther owner 1000E saying you were waiting for a transfer from Bulgaria and it would arrive any day. You did the same with your apt rental. You only paid the deposit and told them you are waiting for a transfer from Bulgaria.

Obviously this transfer never arrives. The owner gave you from the 19th Feb until the end of the month a free period to sort out your paperwork. BUT what did you do Sev.....You opened for business straight away and according to you was taking in 200E to 250E daily opening only 8 hours a day.

Your deposit was suppose to be 5000E. 1000E to be paid in cash and the difference to be used for improvements and paperwork.

Now on the 1st of March you send a text message saying you have changed your mind and want your full deposit back and rent back that you never paid.

No landlord, No agency on this island or anywhere in this world will give you your deposit back just because you changed your mind. Your contract says you have to give 2 months notice and pay rent for those 2 months, which you are not doing.

On top of it you are again threatening the owner saying you are going to sit there all day and not let anyone else rent it unless you get all monies back, and saying that you have not used any electricity, water, community etc. Please take you BS elsewhere. If i find out you threaten her again, I will make it my business and you will deal with me. that is a promise.. I warn you Sev to stay away from her.

Prove to us you have paid your rent of the Local and apt. Upload the receipt. I trust the owners, good , decent, honest, trustworthy people You have CHEATED them. They have been had by you.

Again In these circumstance I know from experience no property owner, no estate agency would give you , your deposit back,

You are such a liar Sev

TOTO 99
02-03-2013, 06:07
Wow, this is hotting up....I'm glad I got up early now.....:tv:

Leam_Lin
02-03-2013, 08:59
Two sides too every story!

junglejim
02-03-2013, 09:16
No offence to the protagonists here , but Mods this thread needs closed !!

Handy Sevy
02-03-2013, 09:48
Oh, so one person has two registrations in this forum? I do not want to go into personal details as the owner did in the previous post. I am also a very honest person and I stand behing any of my words. I am not a liar like someone else. I DID pay my rent upfront and a day later I payed the deposit as well. THEN I reseived the keys and the contract. The owner lied about the papers and I never said I know everyone and everything. I am simply very new here to know onyone and anything. This is what the owner counted on and intentionaly misled me. About my apartment, there is no way someone else can know my relations with the landrord. Yes I was stupid enough to give the owner of the restaurant a copy of my apartment rent because she wanted it. I will only add that i am on the island just starting my 3 rd week. No way I could own anybody any rent. If it cames to the authorities I am prepared to meet them at any time. And they don't need to came to me. I will go to them. I can proof all my words. I have a recorded conversation with the owner of the restaurant in which she confirms the amounts I payed her and I can always bring the landlord of the apartment to confirm that not only I have payed my deposit, but I also payed my rent 3 months upfront.

I agree this thread needs closing. It is becoming ugly.

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Sorry I will have to write in this thread again, but I would like to say that last afternoon at about 5 pm. I have been robbed by the lanrord. She broke into the place and changed the key. She took all of our staff and money from the cash register. She was seen doing this with another man. I have called the police and I am waiting for them to arrive and investigate. They told us not to touch anything. This is going out of control.

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golf birdie
02-03-2013, 13:52
Sorry I will have to write in this thread again, but I would like to say that last afternoon at about 5 pm. I have been robbed by the lanrord. She broke into the place and changed the key. She took all of our staff and money from the cash register. She was seen doing this with another man. I have called the police and I am waiting for them to arrive and investigate. They told us not to touch anything. This is going out of control.

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as far as I am aware a landlord cannot enter a place they have rented without the tenants permission or a court order. If they have and you can prove this they are in a lot of trouble.

9PLUS
02-03-2013, 14:06
Blimey where's nellie with her Hitler quotes?



x

LUCKY
02-03-2013, 14:31
Wow, this is hotting up....I'm glad I got up early now.....:tv:

:feret: So am i :feret:

Fivepence
02-03-2013, 17:22
The thing that I have gleamed from this thread is that someone is not telling the truth, either wholly or partially. :mad:

We have been told two accounts of the situation, they cannot both be correct! :nono:

The legal powers that be will have to sort it out. :argue::poke::copper::copper::copper:

delderek
02-03-2013, 19:47
He is now advertising other skills, so guess he has given up.
http://www.tenerifeforum.org/tenerife-forum/showthread.php?24493-Mechanic-electrician-installation-contractor-computer-or-driver-job-wanted

YOUNG GOLFER
02-03-2013, 22:02
I think people should come onto the forum for advice before they take the plunge be it taking on a bar or any other business here......the advice is always free and if a member gives bad advice for sure others will put them right.
I would also like to point that it is very very important if you are thinking of opening a business here in tenerife make sure you get a lawyer to look over all paper work before you dive in.
If you can't afford a lawyer then maybe a business in tenerife is not the right thing for you.

Handy Sevy
02-03-2013, 23:57
No, I have not given up. And yes, I have made a mistake by trusting someone and I have payed for it. No one is perfect.

9PLUS
03-03-2013, 00:08
No, I have not given up. And yes, I have made a mistake by trusting someone and I have payed for it. No one is perfect.




Sevy have you managed to find out if the rest. has an opening license?

Handy Sevy
03-03-2013, 00:21
Sevy have you managed to find out if the rest. has an opening license?

It does not matter any more, does it? We have been robbed and all our stuff, stock and money are gone. It is up to the police and the court now. Thank once again to everyone that has given me an advice either in the thread or by contacting me. Thank you very much. To all the others that were happy to wake up early and to take a front row seat and have fun with someone's else pain, I would hope that god blesses their poor soul.

YOUNG GOLFER
03-03-2013, 00:29
I don't like to think that members are making fun of whats gone on with you and this restaurant but if you write about things on a public forum then you are going to get some post that you might not agree with.
You have said it now yourself ........ It doesn't matter anymore....... so move on and learn from this most of us make mistakes in business and in life and its from these mistakes from which we learn.

Maybe if you ask a moderator to close this thread we can then all forget about it and you can move on with your life.

9PLUS
03-03-2013, 00:39
It does not matter any more, does it? We have been robbed and all our stuff, stock and money are gone. It is up to the police and the court now. Thank once again to everyone that has given me an advice either in the thread or by contacting me. Thank you very much. To all the others that were happy to wake up early and to take a front row seat and have fun with someone's else pain, I would hope that god blesses their poor soul.



I wasn't aware you had been robbed of all your stuff, stock and money...



The last i read was you were going to see it through to the end and make a go of it. ??

Handy Sevy
03-03-2013, 00:47
Oh, yes, sure. I will move on. Life continues. But I will not forget and let go. I also would like that you don't forget too. This will help you all to avoid my mistakes. That's all this thread was about. To protect as many people as possible and to help me find my way through this.

As I previously said I agree that this needs closing already. Some of the mods, please close it.

slodgedad
03-03-2013, 01:49
Oh, yes, sure. I will move on. Life continues. But I will not forget and let go. I also would like that you don't forget too. This will help you all to avoid my mistakes. That's all this thread was about. To protect as many people as possible and to help me find my way through this.

As I previously said I agree that this needs closing already. Some of the mods, please close it.

The thread has been left open til now because of the interest shown, and as a warning to others.

I agree, now, that it should be closed after various requests.