GIPE Newsletter (Nº24.190) November, 20th 2025

LEASES:

I GOT THE DATE WRONG!

The owner of a rental property informed the tenant of his intention not to renew the contract once the minimum legal term had expired, but he stated an incorrect contract date in the registered letter. Even so, the owner managed to regain possession of the property [AP Málaga 07-04-2025]:

There was no other contract between the parties, so the landlord’s intention to terminate the lease was clear. Furthermore, if the tenant had any doubts about the date mentioned in the notification, he could — and should — have consulted the owner.

Always check that the information included in the notice is correct and send it in advance as required by law.

Avoid mistakes when informing the tenant of your decision not to extend the contract.

Note: The deadline for communicating the legal non-extension of leases entered into since 6/3/2019 is 4 months for the landlord and 2 months for the tenant.

REAL ESTATE:

I’M SENDING YOU A DEBT COLLECTOR

If you or your community are considering hiring a debt collection agency to recover amounts owed — such as unpaid rent from a tenant who has already been evicted or outstanding community fees from a delinquent owner — it is advisable to first assess the risk that the agency may exceed legal limits. The debtor could claim that they are being harassed by the debt collector and take legal action in their defence.

Permitted actions:

• It is legitimate to include, or warn of the possible inclusion of, the debtor in a debtors’ register, provided that the debt is genuine, overdue and enforceable.
• It is also valid to inform the debtor that, if an out-of-court settlement is not reached, the creditors will take legal action.
  

Non-Permitted actions:

• Making persistent calls to the debtor at any time of the day.
• Threatening them with imprisonment.
• Warning of seizures or account freezes without a court order authorising them.
• It is also unlawful to intimidate with disproportionate interest rates.

If these harassing practices persist, the affected party may file a complaint for a possible crime of coercion, providing the record of calls received as evidence.

GIPE:  Together we will be stronger