Posts Tagged ‘Rent’
Stop the neighbor who makes life hell for us. Tactics deal with the problems in the community. Earning per K.O. the neighbor who never ceases to annoy. Tactics deal with the problems in the community of owners. If, after warning him, keeps harmful attitudes, unhealthy, uncomfortable, dangerous or illegal for the community, you can sue.
Noise, odor, dirt, vandalism, rearing or keeping of dangerous animals. The behavior of some residents can become maddening. While owners tend to define communities of the activities prohibited by its statutes and the Horizontal Property Act defines what is allowed and what can not be done in a building, there are many neighbors who ignore these guidelines. When face a delicate situation in the coexistence of experts advise residents to exhaust the maximum amicably and avoid legal disputes that may be long and painful. However, the problem is compounded if no breach of the rules. The injured neighbor then has two options: either start a cross-court on its own or seek the support of other members of the community. The consequences can be harsh, because if the court ruling in favor of the assessment is concerned it will be possible to expel the offender from his home for a maximum period of three years.
What You Don’t Have to Accept
Horizontal Property Act establishes, the prohibition of the development activities which contravene the general provisions on annoying, unhealthy, noxious, dangerous and illegal, whose definition is developed in the Regulation 2414/1961 30 November. Here we report a brief summary:
Annoyance: Activities involving a nuisance by noise and vibrations that occur during the development of the same or discomfort arising from the fumes, gases, odors, mists, dusts or chemicals released into suspension.
Harmful: those that result in the release or disposal of products that can cause damage to the rich agricultural, forestry, livestock or fish.
Unsafe: If they cause severe damage to the health of neighbors, lack of care and cleaning, rearing or keeping of certain animals or insects or use of devices that emit radiation.
Dangerous: Activities aimed at manufacture, handle, dispense or store products which may create a serious risk of explosion, combustion or radiation.
Illicit: The legislature has not finalized the definition of such activities, says attorney William Ros Pelegay, so that will be unlawful activity prohibited by law, be it criminal, administrative or civil.
Moreover, it should be remembered that there are other practices that can be harmful or harmful and are regulated through various ordinances, as explained in the College of Property Administrators in Madrid, so you’ll have to be aware of the specific prohibitions in this regard that contains the regulation in each city.
Can I report?
The courts require several conditions to understand that there is a reportable activity by annoying, unhealthy, noxious, dangerous or illegal, says Juan Romero, a lawyer for the firm Deley and property administrator:
Repetitive: The conduct must be continuous in time. “Not because one day have a party until all hours and is sufficient grounds to start legal action,” said Romero.
Discomfort on individuals: The activity must be uncomfortable or disruptive to well-defined subjects who inhabit the property, not people or making reference to indeterminate concepts vague and imprecise (has to be said for who would undermine and why).
Clear and obvious harmful Action: The trouble must be visible, visible and insistent, so that was not rectified despite the warnings. Obviously this must be a room or a home located within the building, according to John Romero said, because if the activity is from another community or another building could not act according to the Horizontal Property Act.
First, you must exhaust all possible avenues of communication. It is necessary to formally called upon, by fax or notary bureau, to cease the nuisance activity, says Javier Muñoz Pereira, iAbogado.com.
Collects support: This requirement can be submitted by the owners’ or the affected individual.
Plan an action: Please listens to you, must be brought in, says Javier Muñoz, either a criminal complaint (if it is an illegal activity) or civil (if it is to obtain a remedy for the damage).
Document your complaint: You must formally called upon to prove the infringer and agreement of the board of owners, she says Pelegay. We also prove useful for damage assessment of an expert and even the budget to repair any damage caused, according to Muñoz Pereira.
The consequences can be harsh: In case of an upholding may provide, in addition to cessation of the prohibited activity and the damages, deprivation of the right to use the house for a period not exceeding three years, depending on the seriousness of the offense. If the offender is not the owner, the award may declare extinguished their rights to housing, as well as his “release” (expulsion by force). In this regard, the Association of Madrid Property Administrators point out that, if it were a tenant, could declare extinguished all rights to the floor, and even his eviction, with the losses that would entail, both for himself that his contract would be terminated as to the owner, who would collect the rent.
Following today’s decision unanimously in the Senate, referring to the removal of soil clause included in mortgage contracts, Ausbanc wants to show publicly welcomed this initiative and that the clause, which prevents mortgage although lower than the Euribor do so, constitutes an abuse by the banks, which harms the economic interests of consumers. As published in various media, the Senate has already approved the deletion of the clause in mortgage land. This clause, which apparently existed since time immemorial, it has become fashionable since our dear Euribor has decided to take a vacation and lose miserably. Of course, this comes to them fatal banks, so they’ve had to resort to this clause that imposes a minimum at which the transactions are tied, no matter which reaches values.
I do not know what you think, anyway Congress has to approve it, but if it goes ahead it seems that banks will have to seek other tricks to gain right?
This type of clause provides that in the writings of some mortgages there is a paragraph which stated that although the Euribor lower and lower, the minimum rate to be applied shall be 2%, 3% or even 4.5%.
The block Senate urges the Government to remove the soil clause mortgage:
- The Upper House plenary session this morning approved a motion by the parliamentary group in which the Government claims the implementation of measures to prevent the abuse of some banks in the review of mortgage loans. The ground clause, which prevents down mortgages, has focused criticism from consumer associations in recent months.
- The initiative passed the Senate enforces amended text of the General Law for Protection of Consumers and Users (Royal Decree 1 / 2007 of 16 November), which provides for exclusion of unfair terms.
- It also calls for improving consumer protection in financial services proceeding to ask the Bank of Spain the development and referral within three months of a report on the existence of clauses in mortgage contracts that limit the rights of users , identified the lack of reciprocity and proportionality.
Institutions know that never reach the ceiling of 10% set their mortgage contracts, along fixing soils of 3% and 5%:
- In addition, claims to establish the effective translation of declines Euribor quoted at 1.247% – the share of mortgages, so that people look better when the Euribor contracts fall as the current rates.
- Senator the DB by Segovia, Francisco Javier Vazquez, was pleased to be able to reach an agreement that will benefit two of every three citizens who have mortgages, if the Government complies with the constitutional obligation to implement the mandates Parliament.
- During his speech, echoed consumer groups and users for months denouncing the existence of mortgage terms that prevent users benefit from as low as Euribor today, because many of the contracts signed in ceilings years contain 14% or 15%, that financial institutions know that will never be met, while the soils were between 3% and 5%.
A non-advertised
- The popular senator criticized that such clauses did not contain advertising of loan contracts and in many cases were not warned consumers, being able to have incurred a lack of transparency in the inclusion of clauses on the type of imitative interest “.
- Thus, the popular parliamentarian denounced the practice of some financial institutions, with at least dubious interpretations of legislation to protect consumers and users, prevent impact contract Euribor downs of mortgage loans.
- “These practices may be considered unfair within the banking sector, since its purpose is to prevent mortgage fees are reviewed in their entirety Euribor declines,” he said.
- Vazquez warned that such practices may violate the General Law for the Protection of consumers and users that establishes the exclusion of unfair contract terms.
I live in a community of owners and several months ago an apartment rented to a man who is causing problems of coexistence, put noise late at night, put loud music, throw rubbish into the yard … Is it possible to do something? ”
Urban Leases Act 1994 gives the owner the ability to go, legally, against the tenant for nuisance or damage to the property or third parties. And the Horizontal Property Act states in article 7.2 that the owner and occupier of the flat or premises are not allowed to develop in him or the rest of the building activities prohibited by the statutes, resulting damage the property or contravene the general provisions on annoying, unhealthy, noxious, dangerous or illegal. The president of the community on its own initiative or any of the owners or occupants, who carry out required activities prohibited its immediate cessation.
Therefore, we recommend communicating by fax bureau with acknowledgment of receipt or notarized the tenant through the immediate cessation of the nuisance, uncomfortable, unhygienic, unhealthy … under pain of legal action from start. This requirement must be done by the president of the community. If the tenant behavior persists, the president again, after authorization in the minutes of the Board of owners convened for that purpose may bring legal action against him accordingly. A future application must be accompanied by formal testing and certification of the agreement of the Board of owners, so it should fulfill the legal formalities in the notice convening the meeting, agenda, summons … If needed, you can consult a lawyer. In addition to requesting the judge to order the cessation of noise nuisance and immission can also claim the deprivation of the right to use the house for no more than three years, depending on the severity of the offense and the harm caused to the community and / or who are declared finally extinguished all rights to the leased property and its immediate release.
Before buying or renting a home, consult the planning. We indicate the possibilities offered by new acquisition. Here’s overall planning legislation for a municipality to understand, to some extent, restrictions on property rights from the urban area.
a) A municipality is equipped with a General Urban Plan or of a subsidiary rule which classifies the entire floor of its municipal level. The classification can be:
1. Urbanized: Is that where existing buildings or can be built in the future, as it has the necessary equipment, such as vehicle accesses, water, electricity, disposal of faces, and so on.
2. Developer: The rules allow future construction but prior owners must transform the urban soil. Should be conducted in the urban development work required to provide the necessary ground equipment mentioned above. In addition, the City may require to carry out more works, how to make vials of communication, communal reserve land for endowments: schools, malls, parks, etc..
3.No urbanizable: It is one in which they cannot be built or planned in municipal planning for the possibility of building in the future. In these areas can be undertaken only rehabilitation of existing buildings, sometimes in addition to limitations in the case of ground specially protected natural interest, historical, archaeological, and so on.
b) In addition, these planning requirements not only provides the possibility of building but also the volumetric buildable, i.e. the surface building (two floors, three or four). It also details the types of housing: single family, townhouse, collective housing grouped etc. And it uses that can be given to such housing: residential, commercial, site host, etc.. Even set out specific rules on how to build. In view of this, we must act with caution when purchasing land or urban dwellings whose situation is unknown. The potential use edification or regulations will be marked by the urban municipality in which the property is situated . To know the classification of the land registry just go to the municipality and request the urban form of the land or housing that interests us. These records are public and freely available to any citizen. It is important to complete this process to avoid surprises and reliably meet the characteristics of purchase.