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José M.
José M., Attorney
Category: General
Satisfied Customers: 4822
Experience:  Spanish Attorney
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We saw a Villa in Spain and loved it, we immediately gave the

Resolved Question:

We saw a Villa at the end of February 2013, in Spain and loved it, we immediately gave the two months deposit and 1 months rent in advance, we picked up the keys on the 5th April 2013 after seeing the property in February/March. When we moved in, there were major issues with the plumbing, sewar issues and the swimming pool pump wasnt working and the pool was filthy, the tiles were all broken along one side of it. These issues were being dealt with once we complained and moved into the property, in truth, causing us major concerns and inconvenience. We had had enough after just one month into the rental agreement and decided to leave the property and rent an alternative property, we have email trails from the Landlord and Agents in Nerja. The Landlord is now refusing to give us our deposit back but to move into a property of this standard is unacceptable in my view and all the issues should have been put right before this was rentable to a required standard. The Landlord is now threatening to take legal action to get the full 11 months rent from us, we took on the property at face value with a pool, we didnt have a washing machine, use of the pool and really bad sewarage issues (smell)throughout our month in the property. Do we have rights and can claim our deposit and some advance rent paid back to us?

Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi there

Attorney3044 :

You had the right to get the propiety with all the services contracted working perfectly right

Attorney3044 :

You must notify the owner or agency the inconvenieencies and tell them to repair them and threat them to start legal actions in court against them

Attorney3044 :

As long as you had no require the repairments and you have moved, for sure he has no to give you the deposit, but it will be very hard for him to demand you

Attorney3044 :

In my opinion, you should forget all about the deposit and try to get as many probes as you have of the inconveniencies in order to be ready if they demand us

Attorney3044 :

If they demand us the ussually penalty for you will be 2 monts of rent, as you can defend yourself for the inconveniencies I think they will never demand you

Attorney3044 :

So, my advice its to forget the deposit and forget all about them, and in a new case do not leave the propiety and demand the inconveniencies in court

Attorney3044 :

I willl be here if needed

Attorney3044 :

Thank you

Customer:

Just to get this right, you are saying I have no rights what so ever and should accept losing 2400 Euros and let the Landlord get away with renting me a property that is sub standard and was without what was advertised (swimming pool) for the whole period I was there, and to accept that the plumbing and sewarage issues I should aslo accept? I and my wife had hedaches because of the smell................

Customer:

I have paid up front the rento for May, this paid to the Landlord on the 1st May, even though we have all these issues I still paid in advance for May. If I stay in the property until the end of July (which will cover the 2400 Euros lost) what can the Landlord do against me?

Attorney3044 :

Well, the problem its that you have gone

Attorney3044 :

You must stay, and demand they to repair or to pay you to go. You could get your deposit back and all the damages you should got

Attorney3044 :

The problem now its that you leave the propiety and that the real thing for us now

Attorney3044 :

Thats its the last thing you should do

Attorney3044 :

You should stay and demand him

Attorney3044 :

No to go and leave

Customer:

I have left the property, I have moved into another property, even if they fixed all the issues now I would not want to remain there for 11 months! the Villa is terrible

Attorney3044 :

I am sure it is. I have no doubts about it. But it is not the case

Attorney3044 :

The case is that we have leave it and we have not demanded they

Customer:

as stated, I have already paid for the month of May in advance, so what should I do, ask the Landlord to pay me so I can leave the property at the end of May?

Attorney3044 :

You should stay and you should demand they

Attorney3044 :

Yes, if you have not leave the propiety, go back, and in the next day demand him to fix all and every service broken

Attorney3044 :

And more, you could demand the damages if he does not repair propierly

Customer:

I still have the 'live' lease agreement and have stuck to it, I have complained by email sevceral times abot the pool, sewarage and plumbing, they are saying they will fix the problems, so what notice should I give them to vacate and get my deposit back once all the issues are resolved?

Customer:

I have signed another 11 month agreement of a decent house in Nerja now, I cant run two properties!

Attorney3044 :

Well, perfect

Attorney3044 :

If you can prove that he has promised the repairs, demand him to go again, and threat him to start legal action against him

Customer:

I have suffered this for a month, I dont want to suffer another month, thats why we deceided to sek alternative accomodation, this is unfair as we gave adequate notice in writing about all the isuses, to date they are still not fixed so the Landlord should accept that becuse I have moved out he should give me my deposit back?

Attorney3044 :

Treath him to demand in court if he does not reapir, and with all and every expense and damage you go for gis negligency

Customer:

ok so if I take him to Court to fight for my two months deposit of 2400 Euros, this will cost a lot more that 2400 Euros

Attorney3044 :

I now it is hard to suffer but its the legal way

Attorney3044 :

You do not have to demand 2400 euros. You could demand all the expenses and damages. I mean, that you could demand the problem you have for his negligency and it could be much more money4

Customer:

Ok Im not going to move back intom the Villa and suffer those issues again, I have another agreement which is a better Villa and I am happy. Can i keep thekeys to the Villa with the issues and let the Landlord know I will be happy to give him the property back at the end of July when the 2400 Eeros will take care of the rent up until then?

Attorney3044 :

And once you fight for it, and he realise that you are going to fight I think he will give your money back

Attorney3044 :

You even could demand the cost of the new village as long as he does not give you the use of his propiety as he promised

Attorney3044 :

I mean, do not go without defend you and gat a legal defense with an attorney

Attorney3044 :

An attorney will have a lot of ways to press in order to get your money back

Customer:

so if i send him an email stating that I will be seeking legal advice to take him to Court to sue him for the 2400 Euros, plus Damanges, plus Two Months rent for the new Villa, that will probably scare him into giving me my deposit back?

Attorney3044 :

Correct. And if the letter becomes from an attorney will be better

Customer:

How much will the initial letter cost through and Attorney?

Attorney3044 :

No more than 300 euros

Attorney3044 :

You have very good englishs attorney working in Spain

Attorney3044 :

I can send you some links

Customer:

Ok and in my case with all the facts that you have seen, will I get my deposit back if I do this?

Attorney3044 :

For sure

Customer:

ok do you know a good Attorney in Malaga or Nerja?

Customer:

Please?

Attorney3044 :

As long as you have to broke the contract because the hause is not the promised you will get it

Customer:

yes we will break the Contract because it was a 3 bed Villa with swimming pool, we have not had use of the pool since we took it over on the 5th April. we had to replace the broken washing machine as it wasnt working the day we arrived, this then we found the plumbing was bad so do you think this is a good reason to break the Contract?

Attorney3044 :

Sure it is. As good as to get no only your money back, even you could get more because you feel scamed

Customer:

ok thanks for the links, I will get onto this first thing in the morning and contact an Attorney to discuss the matter. Thank you

Attorney3044 :

Thank you

Attorney3044 :

I am sure you will got chance to get your money back

Attorney3044 :

I will be here if needed

Customer:

I sthere any other advice you could give me? Should I try once more to negotiate the return of my two months deposit? Should he have charged me two months as ive read it should only be one month?

Attorney3044 :

You could negotiate whatever

Attorney3044 :

A bad agrement will be better than a good judicial case

Attorney3044 :

I am sure that as soon as they get the letter from your attorney he will be ready to negotiate to give some money to you

Customer:

ok can I add the cost of the Atorney to the cost of what he owes me before getting to Court?

Attorney3044 :

Sure

Customer:

ok thank you........

Customer:

i.e 2400 Eoros plus 300 Euros for the Attorney letter?

Attorney3044 :

Correct

Attorney3044 :

Please do not forget to rate positively my service. I you do not do it the site does not pay me

Attorney3044 :

Thank you, have agood day

José M., Attorney
Category: Spain Law
Satisfied Customers: 4822
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you

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