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José M.
José M., Attorney
Category: General
Satisfied Customers: 4858
Experience:  Spanish Attorney
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I asked my question last night but made a mistake and was sent

Resolved Question:

I asked my question last night but made a mistake and was sent to a lawyer in California. My question is for Spain Law please. I am renting an apartment in Pebble Beach, Tenerife Sur, Canary Island, Spain since 10 Feb 2012 with no contract. my landlady said she felt we did not need one. I always pay the rent in advance. i was told by another person that it is normal to use the deposit as the last months rent. When I paid the rent 10 Dec I paid her 1400 euros...1200 for rent 10 Dec-10 mar, 200 euro. 50 a month for utilities as agreed. In my note I gave her my vacate notice effective 10 April and said that I'd be using the deposit for the last months rent. Was i told correctly? She is claiming I can not do that. Plus she is telling me that I owe her for utilities that I have been using more than 50 euros a month. She said she is sure she will find something wrong with the apartment so she was not planning on giving me back the deposit. She has refused to make any repairs to the apartments saying it was good enough for the last tenet it's good enough for me. I like the apartment and view so i replaced the shower head, fixed the locks on all the doors had the wooden security shutters repaired and replaced the water heater. Do I need to pay her the rent for the last month? Do i need to pay the balance of the utilities even though she won't let me see the bills? She says since there was no contract i have no rights. i want to be fair and within the law. I am using Tenerife as a base as I explore Europe. Thank you Mary Ellen
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi I am an spanish attorney

Attorney3044 :

I am going to answer you now

Customer:

Hello again, we chatted a few months ago

Customer:

about NIE...now I have a rental question

Customer:

do I need to repost or have you got it

Attorney3044 :

Hi again, I am sorry, I do not remember ... :)

Customer:

oh that's ok..

Attorney3044 :

Well, if you have not a contract the owner has got a problem

Attorney3044 :

You have a lot of chances against him

Customer:

i asked her several times for a contract but she said no each time

Attorney3044 :

You even could not pay at all

Attorney3044 :

You could denounce him to AEAT spanish tax agency

Attorney3044 :

Do not pay any more, he has very shorts ways to get his money

Attorney3044 :

If he is not honest you do not have to be

Customer:

I want to be fair and pay what is due but she is not being nice and I'm stuck here until 10th of April

Attorney3044 :

Well, force him to be honest

Customer:

What is the AEAT you mentioned?

Attorney3044 :

Do not pay and treathing him with a denounce in AEAT

Attorney3044 :

Its the spanish oficial tax agency

Attorney3044 :

He has to pay taxes from the rent you pay

Attorney3044 :

If he does not want to make a contract its because we manages black money

Customer:

Beecause I like the apartment when I took it I made a lot of repairs for safety reasons..making sure all doors locked plus I replace the shower and water heater. She is a british lady who i now know did not know when I moved in,,,that she has a bad reputation

Customer:

So I have been involved with something bad...do I need to be scared about this?

Attorney3044 :

You have the key, if you do not pay he could do few things, and all of them expenses and very slow

Attorney3044 :

No, You have cero problems

Customer:

I use this apartment as a base as i have been traveling around Europe. I'm here two months at a time then travel for 4 to 6 weeks. It's like my home away from home

Attorney3044 :

He has the problems not you

Attorney3044 :

He is sure you are honest and he is taking advanced of it

Customer:

Ok good. I'm only moving because this area has had a lot of break ins and I'm moving to a safer neighborhood...more secure

Customer:

The link you gave me has instructions for contacting the tax office and they will help me..correct

Attorney3044 :

Once you tell him that you are not going to pay anymore, and that you have beeb speaking witha lawyer, he will chance ... for sure

Attorney3044 :

Do not denounce him at first moment, advice him to take just the money you want to pay and advice him that your lawyer has tell you to denounce him to AEAT if he makes problems

Customer:

I have a friend here who works for the National Police in Santa Cruz. He and his wife were the ones who told me to use the deposit for last months rent. She has become really nasty and says that they lied to me that they only want to cause me trouble with her.....sorry I do not do well when I feel like I'm being treated

Attorney3044 :

Your friend is right

Customer:

I don't want to pay her anymore money...however if she gives me the utility bills and shows me I have used more than 50 euros a month in electric then i am willing to pay the difference by she won't give me the bills

Attorney3044 :

You have all the power, you could do whatever. The worst part is for him

Attorney3044 :

If you do not pay anything more he will got problems, not you

Customer:

Ok...i will calm down.

Attorney3044 :

I am sure if you deny all payment he will be very proactive to get an arregment with you

Customer:

It sounds like I need to get a local lawyer though.so i will start asking around to find one

Attorney3044 :

because he has the worse part in court

Attorney3044 :

No, you do not need a lawyer

Attorney3044 :

Why? He is the one who will get problems, not you

Customer:

The rent is already paid. I paid heer through 10 march and was planning on using the deposit for the last month ... plus I have paid her the 50 euros for all four months left

Attorney3044 :

Well, if the rent is paid, do not leave the place, do not give him the keys

Customer:

if she continues giving me problems I just contact the AEAT office and ask for help...not a lawyer

Attorney3044 :

And tell him that as long as he do not pay you you are not going to leave the place and you are going to denounce him at AEAT

Customer:

rent and utilities is paid...I do have a trip planned out end of Feb coming back mid march

Attorney3044 :

Good idea, no lawyer ( expensive )

Attorney3044 :

AEAT its free

Attorney3044 :

As long as you do not give him the key he could NEVER get into the propiety

Customer:

Thank you...i feel much better. Is there anything else you think i should know on how to handle her?

Attorney3044 :

Its your home, even with the rent unpaid he can no get into

Customer:

Plus...to secure the place i had a dead bolt put on the front door and did not give her a copy of the key

Attorney3044 :

Good idea

Attorney3044 :

And if he tries ( I dude it) to get into the propiety you could denounce him in the police because its a criminal action

Customer:

Thank you very much...i do feel much better

Attorney3044 :

Thank you

Customer:

Bye bye

Attorney3044 :

I will be here if needed

Customer:

thank you...i appreciate that

Attorney3044 :

So, do not be scared, You do not have to

Attorney3044 :

Thank you

Attorney3044 :

Her you could denounce her

Customer:

ok

Attorney3044 :

Bye

Attorney3044 :

Please do not forget to rate my answer

Customer:

bye bye

Attorney3044 :

Bye

José M., Attorney
Category: Spain Law
Satisfied Customers: 4858
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you

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