Where do I stand legally with my long let apartment?

[karinskie]

Am I the only person who thinks it is totally wrong to accept a tenant on a 'Long Term' basis (4 months so far but was looking for much longer), and before summer is even out tell them they have to vacate the apartment for 3 weeks over the Christmas/New Year period so that it can be let out to someone who has already paid the rent for those 3 weeks in full (paid AFTER I had moved in supposedly Long Term!!!)? I've been given the choice of leaving permanently or vacating the premises for 3 weeks. Personally, I find this morally outrageous & greedy to boot. And I'm also told it's illegal to the tune of an 18,000 Euro fine...

Am I just naive? Or is this practice commonplace?

And no, it was mentioned many times but I was never actually given a tenancy agreement!

[TenerifeTeddy]

I would seek the advice of someone like Goldenmaniac on here, but I don't think you have any protection if you don't have a tenancy agreement, because you will be living there illegally yourself.

Of course morally they shouldn't have done what they have done, but without both parties having a signed agreement, you are at their whim. Though what could they do if you refused to move? They can't evict you legally, as they have no recourse either, though I suppose they could try to do it by force.

I think you need to demand a tenancy agreement that sets out the terms of your tenancy, so you know exactly where you stand legally, or go and find another apartment.

[9PLUS]

How long was your contract for ?

[karinskie]

Although I was told I would be given one to sign on arrival, it never materialised! I did raise this & was then told it wiould have been up in October at which point it would've been reviewed by both sides.

[carpdaught1]

Although I was told I would be given one to sign on arrival, it never materialised! I did raise this & was then told it wiould have been up in October at which point it would've been reviewed by both sides.

make sure its in spanish as it wont hold water otherwise my friend had this happen to her on a well known complex windsor park 10 yrs ago she was given a month to move because they had let her studio be fore she moved in and the owner was spanish not english so it happens everywhere we live up the mountain our landlord is canarian and we both think he is the best landlord ever ...he doesnt even speak english but we understand each other he cant do enough for us and we been here 6yrs

[timmylish]

Why don,t you save yourself a whole lot of grief and get another apartment to rent. This will only be the beginning of major problems in the future, with this type of owner.

[karinskie]

Definitely! I was just quite shocked & wondered if this was normal practice...

[Foz]

In my experience the tenant has the law on their side .... BUT only if there is an agreement in Spanish. I have an apartment where the tenant has not paid a bean since February! We have applied for eviction via a lawyer but still it drags on. Another where the tenant moved out only four months into their one year contract, trashed the place and stole various pieces of furniture. "Legally" I am not able to enter the apartment until the end of the contract term .... incase they choose to return as "legally" it is "their home"!!!! There are many good landlords out there crying out for good tenants like yourself .... do yourself a favour and move. x

[karinskie]

Thanks Foz, if you happen to know of any who are looking to let Long Term then please do give me a shout... x

[Foz]

What area do you want to live in Karinskie?

[karinskie]

Los Cris. Prefer the spanish end/old town but will happily consider anywhere in the area...

[Foz]

Sorry Karinskie I have nothing in Los Cris. I could offer you Las Chafiras, Los Abrigos, Adeje or Valle san Lorenzo. Have you looked on Janet's website .. she has a few owners on there looking for tenants?

[karinskie]

What's the website address please Foz? (I don't know Janet!)

[Foz]

I've sent the details in a private message to you xxx

[karinskie]

thanks for your help Foz. Xx

[sundownersvince]

Psssst,,,,,,I wouldnt bother paying the rent this month. :whistle:

[karinskie]

Lol! But then I'd be as bad as they are... !!!

[sundownersvince]

But you have done nothing wrong. You have no contract so why pay rent? If they wanted to legally evict you they would have to take you to court. Think I might be inclined to denounce them to the police anyway, get in first!

[primrose]

Have you paid a deposit?

[chifleta]

i'm with sundownersvince , and think about it, are you sure they'll give you your deposit back, being as you have no contract?¿?¿

tenants can be a nightmare, but i've heard some horror stories regarding owners too. Just don't tell them you're not paying your final months rent - find another apartment, and just use delaying tactics - leave the apartment as you found it, otherwise you would be as bad as them though... just my suggestion ;) ... although these owners could be even worse and change the locks on you ... catch 22 methinks...

[timmylish]

Awwww fer Gawds sakes give me a break!
For the sakes of 200/300 euro get out asap only taking your personal things of course.

[9PLUS]

You should get out and take all the copper with you...


x

[chifleta]

Awwww fer Gawds sakes give me a break!
For the sakes of 200/300 euro get out asap only taking your personal things of course.

And here speaks timmylish who is obviously one of the lucky ones (as I was last year.... but it's amazing what a few months and an unfair dismissal/company sweep can do to you income).... to some of us 200 or 300 euros is part of our budgeted monthly food bill :cry:

[primrose]

Awwww fer Gawds sakes give me a break!
For the sakes of 200/300 euro get out asap only taking your personal things of course.

For some people here on Tenerife 200/300 Euro's is a fortune and a lot just can't afford to lose that amount of money.

[sundownersvince]

New Eurolock cylinder, assuming thats what you have on the door, and screwdriver probably less than a tenner. If you have already denounced them then they will be breaking the law by breaking into their own property. You are perfectly entitled to change the locks anyway.

[timmylish]

And here speaks timmylish who is obviously one of the lucky ones (as I was last year.... but it's amazing what a few months and an unfair dismissal/company sweep can do to you income).... to some of us 200 or 300 euros is part of our budgeted monthly food bill :cry:

You miss what I felt was the obvious conclusion that to lose 300 now as opposed to substantially greater amounts later. Come back and admit the eventual damage if you don,.t bale out now!

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For some people here on Tenerife 200/300 Euro's is a fortune and a lot just can't afford to lose that amount of money.

See my reply, please.
And, Primrose, you well know my situation so I,m rather surprised at your response. Disappointing really.

[primrose]

You miss what I felt was the obvious conclusion that to lose 300 now as opposed to substantially greater amounts later. Come back and admit the eventual damage if you don,.t bale out now!

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See my reply, please.
And, Primrose, you well know my situation so I,m rather surprised at your response. Disappointing really.

Sorry if you took that the wrong way Timmy,all I was doing was pointing out that many people couldn't afford to lose 200/300 Euros and would probably need that deposit if they wanted to move to another Apartment. It's a no win situation , and it really wasn't personal and I do understand what you were saying.

[chifleta]

New Eurolock cylinder, assuming thats what you have on the door, and screwdriver probably less than a tenner. If you have already denounced them then they will be breaking the law by breaking into their own property. You are perfectly entitled to change the locks anyway.

Try telling that to an aquaintance of mine who had all their possessions thrown out onto the street, along with their dog, and any possessions of value (money, jewellery, laptop with client confidential details etc etc etc) were kept by the owners, and the owners basically broke in, changed the locks and then hung out the window of the apartment they had been renting for over a year saying "who are you", they also had no contract, but even worse, the owners had even eaten with them.... and suddenly they decided they were going to do that..... the case is still waiting for it to go to court over a year later ..... I'm still gobsmacked, it's one of the worse stories i've heard.... and i've heard/witnessed many a horror story.

Saying that, I do agree that anyone that is going to rent should change the lock barrel still...... even though they aren't allowed in, lots do....

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You miss what I felt was the obvious conclusion that to lose 300 now as opposed to substantially greater amounts later. Come back and admit the eventual damage if you don,.t bale out now!

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See my reply, please.
And, Primrose, you well know my situation so I,m rather surprised at your response. Disappointing really.

No, no, I don't miss your point.... a year ago I would say the same, believe me.... but some people can't afford to lose 2 or 300 euros ..... it's a gamble for the OP .... pay the last month rent before they move out (as I agree moving out is the only way) and risk the owner being an a-hole and not returning deposit.... or playing a delaying tactic where you don't tell them when you're moving, just delay/don't pay last months rent.... there is also the "i've left the apartment clean (in my eyes)" but realistically a tenant may be as bad and doesn't pay last months rent and the owner is left with a gross apartment to sort out.... it's a no win situation sometimes.... i've worked in the rental business, turned my bloody hair grey, i've had to go blonde now LOL

At the end of the day OP has to do what they think is best and fair and will leave them with a clear concience.

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And, Primrose, you well know my situation so I,m rather surprised at your response. Disappointing really.

Oh dear, how to publicly shame someone hahahahaha you sound like someones father "disappointing really" OUCHHHHH :neener:

[karinskie]

Yes, not a full month but a deposit just the same...

[karinskie]

hahaha!!! There isn't any...

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hahaha!!! There isn't any copper...