Imagine you own a house. You live in another country so when you're not there, you rent it out through an agency. The family who moves in will be staying for 10 months, from August 2003 until June 2004, the rent being 1000 euro per month.
After two months they stop paying the rent. Then they change the locks. The agency sends letters and nothing happens. Employees from the agency visit the family but they will not talk to them. The family calls the police. The family forges a contract, saying the rent is now 400 euro per month, which they rarely pay. The owner of the house flies over and tries to contact to the family.
The agency writes more letters to the family. Both agency and the owner of the house is charged with violence and threats. The agency has visited the house several times, but the police always shows up and tells them to leave.
No one doubts who owns the house. The family living there does not pay rent. Even if the new contract was real, they have still broken it. Yet the police protects the rights of this family, not the rights of the owner.
In this case it does not matter that the contract was forged, because the family is allegedly exposed to both violence and threats by a man who lives in another country, and by the agency which rented them the house. All these are people who are not able to get onto the property because the locks have been changed.
Since the family's accusations are more serious than the word-against-word contract, the police protects the family. When mail arrives for the owner, the family keeps it. When they recieve a letter or a phone call from the agency, they call the police. Again - there is no doubt who owns the house. Why does this happen? Why are they still there, 15 months after the contract expired?
It happens because in Spain, if you rent a house, you are allowed to stay in it for five years, against the owner's will, provided you pay the rent. Which in this case only happens from time to time and is based on a forged contract.
Basically you can rent a house, determine how much you want to pay, forge a contract and stay there indefinitely provided you call the police often enough.
And this is the law.
Am I the only one who finds this puzzling?
That's just wrong. I think some countries just make up the law as they go along.
ReplyDeleteI have a friend who had problems letting a house - when the tenant decided not to pay the bills, she got all the hassle. It just doesn't seem worth it these days.
This is horrible! I had no idea that this law exists in Spain.
ReplyDeleteIsn't there a way to go around this law?
Yeah.
ReplyDeleteWith a battering ram and some pepperspray.
Or... some better lawmakers.
Actually the owner flew back to Spain this week and broke into his house. Then the police came with a battering ram, broke down the door, beat the man senseless and dragged him to the police station. Witnesses said they'd messed him up pretty bad.
ReplyDeleteHome sweet home
That is pretty messed up. You've really got to wonder who writes these laws and what adgenda they are protecting.
ReplyDeleteAnnie , what's the most recent update, I am writing a paper on this type of law and find this case very relevant, if any other readers of Anne's site know please post a comment and I shall take information from here, Love it Annie, Big Ted, I am learning much.
ReplyDelete