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Professional Advice

Ask the Administrator: The tenant is not paying the rental so the owner cannot pay the community fees

Hello.  In my block there is one property in debt with the community for more than 900 euros.  The community, represented by the president, is claiming the fees but he said that the owner is not paying because the tenant renting the apartment is not paying the rental to him, so we should demand him.  Who shall we demand, owner or tenant?

Fulgencio M.

Administrador:  Agustín Pascual del Riquelme

If the tenant is not paying the rental and the owner is in debt with the community are two separate issues.  Therefore, notice that the responsible of the amount of more than 900 euros  is the owner of the property.   However, no matter if the tenant is not paying to the owner.  Even if it is in the contract that the tenant will pay the community fees, this is between the landlord and the tenant.   Then, the community can only go against the owner.  The excuse given by the owner who states that he cannot pay the community fees because the tenant is not paying is not valid.  That is a problem nothing to do with the community.

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