Unfair evictions

By Linda Hall • Published: 02 Sep 2021 • 12:56

DENIA COURTS: Will decide future of a local apartment block Photo credit: Joanbanjo

WILLIAM PRICE recently contacted the Euro Weekly News after learning of the plight of Pedreguer tenants facing eviction after 10 years.
“A similar scenario is developing with a block of flats in Denia,” Mr Price told us.
“The rented flats are owned by a company in dispute with their banks through non-payment of mortgages associated with our apartments.”
Sareb, Spain’s “bad bank” is also involved, he said.
This month, written bids will be submitted for the apartments, after which the Denia court will make the final decision regarding their disposal.
“We do not know whether, we as tenants, can bid on the apartment we currently occupy or whether it will be simply a block sale for all of them,” he said.
“We are completely innocent parties, but we could still be unceremoniously evicted.
“A number of us are well into our 70s and 80s. Notwithstanding the mental anguish and stress inflicted on us, we will have to foot the bill for moving expenses and perhaps storage too, should we be unable to find alternative accommodation in the meantime,” Mr Price added.
“The 2013 legislation strips us of any protection and we must do battle with the State, the big banks, Sareb and the courts. We perhaps stand little chance of success but try we must,” he declared.

Comments

Janet Price
06 September 2021 • 07:01

Can you tell me please which political party was in power in 2013 when this law was passed?
New Spanish Rental Laws: new measures
The major changes in the law are as follows:
Whereas under the old law regulating tenancies, a tenant had the right to automatically extend any lease to a maximum term of 5 years, followed by a 3 year term, the new law states that the maximum initial term that the lease may be extended for is 3 years, followed by a yearly lease. This applies whether or not a period for the duration of the lease has been specified.
The landlord may terminate the lease, with 2 months prior notice, if the apartment is required by themselves personally, or their immediate family or by a spouse as a result of a divorce.
The tenant may, for the first time, terminate the lease with one months notice once they have rented the property for a period of 6 months or more
The rental contract must be inscribed in the Property Registry. This new measure provides more security to the tenant since if the property is sold the tenant will not lose their home since the buyer is considered to have been aware of the tenancy as it is inscribed in the registry. Should the landlord fail to register the tenancy, the tenant has no protection and must leave within 3 months if so requested by the new owner. The tenant may however seek indemnity from the landlord for any costs occasioned by the need to move. Should the property be repossessed by a bank for failure to make mortgage repayments, the tenancy is automatically extinguished.
Up to now the rent would increase (or decrease) in line with the consumer price index, IPC. The new Spanish rental laws grant greater flexibility in that from the third year the parties to the rental contract may expressly agree on how the rent should vary. In the absence of express agreement the rent will continue to vary according to the IPC index.
With only one month’s rent unpaid the landlord may move to evict the tenant. Once the judge processes the application from the landlord, the tenant must either pay the outstanding rental monies or make a counter claim. The parties to the contract may expressly agree that failure of the tenant to pay the rent can determine i.e. end the contract with a notarial or court order. Therefore, once the lease is removed from the property registry the execution of the order can be made and the property returned to the landlord. A new Register of Embargoed Tenants will be created so that landlords may check that a proposed tenant does not appear on the list before agreeing to rent their property to that person.
The parties to the contract may agree expressly to the withdrawal of the right of the tenant to first option to buy the property, should the landlord decide to sell the property in the future.