Tanent having problems with landlord, PLEASE ADVISE
Posted: 02 August 2009 10:08 PM  
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I am presently renting a house in Guadalajara since July 2008.
Since day 1 I have had problems with the functioning of the house.
The waster boiler and heating was defecting in function and is from 1991.
It also has a problem with exhausting fumes, which in addition to being installed inside the house, causes the smell to be intolerable. My kids used to sleep down in that part of the house but since my daughter was admitted to hospital with respiratory problems, they now sleep upstairs. I have had an electrical shocks. The last winter was very cold.
Due to these problems, I gave 2 months notice to leave in Feb 2009. The owner convinced us to stay under the provision that he was replace the boiler and change the windows to double-glazing. The amended contract stated that he had until the end of summer to fix the boiler and windows. Even though the windows have not been changed and it is not the end of summer, the new boiler has had many problems ? the house smells bad again ? bad exhaust system and it is still installed inside the home.
Every time someone is here, I have to stay home and clean up.
This last weekend was the last straw, a water pipe burst and I had to stay here with the workers and clean up after.
I gave notice to leave again even though this new amended contract is until Feb 2010.
Can the landlord take legal action against me? I pay on time but the house I am paying for is rotten, for sure the owner has a legal obligation to have the home ready for rent before renting? It took 10 months for the boiler to be fixed. I?m tired of this.
He also has 1000 euros of my security deposit, he has no money hence the condition of this place, and can I use this as my last months rent? I don?t want to pay as normal and then lose the whole 1000. I fixed the electrical wiring and have painted the whole house, it is in a lot better condition than when I received it.

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Posted: 03 August 2009 09:28 AM   [ # 1 ]  
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Here is what i found, might be some help for others: 11. Having the rental contract rescinded
a) The landlord may rescind the rental contract when the tenant:
Does not pay the rent or deposit.
Rent the property to a third party without the landlord’s consent.
Deliberately causes damages to the property.
Undertake repairs without landlords’ consent.
Causes serious nuisance to the neighbours.
In any of these cases you need the services of Spanish Lawyer in order to obtain a court order against the tenant.
b) The Tenant may rescind the rental contract when the landlord: “
Fails to make the necessary repairs to keep the property in a fit and habitable condition
Disturb the tenant’s dwelling use

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Posted: 03 August 2009 09:32 AM   [ # 2 ]  
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Here is where i got the information, it is the Spanish law and u can find here any answer to a problems with landlord or tenants
http://spainlawyer.com/guialegal/guialegal.cfm?IDCAPITULO=04060000#04040102000000

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