Long Term Rental Charges

[Whitehouse]

Hi there

We are thinking of renting long term on an apartment in the Costa Del Sol. I have a couple of questions:

1) Does long term rental include utility costs, also Sky TV/Internet extra ?

2) What would the time limit be to obtain the benefit of cheapest long term rental costs or would be get a better return if we did it for 12 months?

3) If we sign a contract for 12 months, what are the conditions of the contract likely to be i.e. if early termination on the renter's side, or can the landlord end the contract early without penalty?

Thanks for any advice !

Jan

[snikpoh]

Originally Posted by Whitehouse

Hi there

We are thinking of renting long term on an apartment in the Costa Del Sol. I have a couple of questions:

1) Does long term rental include utility costs, also Sky TV/Internet extra ?

2) What would the time limit be to obtain the benefit of cheapest long term rental costs or would be get a better return if we did it for 12 months?

3) If we sign a contract for 12 months, what are the conditions of the contract likely to be i.e. if early termination on the renter's side, or can the landlord end the contract early without penalty?

Thanks for any advice !

Jan

It may or may not include services. Typically, holiday lets do, whilst long-term lets do not.

The law states that either party has a notice period equal to the frequency of payments. For example, if you pay monthly then the landlord can give you 1 months notice (subject to usual conditions) and the same for the tenant.

I don't understand your point number 2. Long-term lets are anything over 4 weeks (in my opinion). All (long-term) contracts are for 12 months renewable and should always be in Spanish.

Many people will talk about 11-month contracts - these are not worth the paper they are written on!

There are certain laws about length of contract and the right to renew for up to 4 years (used to be 5). I think my suggestion would be to google it but make sure that any advice is up-to-date - remember that many sites are NOT regularly maintained.

[Whitehouse]

Originally Posted by snikpoh

It may or may not include services. Typically, holiday lets do, whilst long-term lets do not.

The law states that either party has a notice period equal to the frequency of payments. For example, if you pay monthly then the landlord can give you 1 months notice (subject to usual conditions) and the same for the tenant.

I don't understand your point number 2. Long-term lets are anything over 4 weeks (in my opinion). All (long-term) contracts are for 12 months renewable and should always be in Spanish.

Many people will talk about 11-month contracts - these are not worth the paper they are written on!

There are certain laws about length of contract and the right to renew for up to 4 years (used to be 5). I think my suggestion would be to google it but make sure that any advice is up-to-date - remember that many sites are NOT regularly maintained.

I referred to the length of long term rental as I read on one forum that they would consider long term rental to mean at least 6 months rental so obviously would not contemplate issuing a contract for less than this term.

[steve_in_spain]

Originally Posted by Whitehouse

Hi there

We are thinking of renting long term on an apartment in the Costa Del Sol. I have a couple of questions:

1) Does long term rental include utility costs, also Sky TV/Internet extra ?

2) What would the time limit be to obtain the benefit of cheapest long term rental costs or would be get a better return if we did it for 12 months?

3) If we sign a contract for 12 months, what are the conditions of the contract likely to be i.e. if early termination on the renter's side, or can the landlord end the contract early without penalty?

Thanks for any advice !

Jan

I agree with snikpoh...

1. Generally – with some exceptions if you book a holiday let them utilities are included but for most long-term rentals you will pay all of the utilities. The landlord will pay the taxes on the property and either transfer the electricity and water accounts into your name or, as is often the case leave them in his or her name and forward you the bill each month. Generally Internet connections, telephone lines and television services are the responsibility of the tenant to both contract and pay.

2. Despite your reply to clarify this question I am still a little confused. In general anything less than a year is considered to be a temporary residence (a holiday let). Therefore a lot of agencies and/or landlords often issue 11 month contracts because the clauses in a holiday let and the rights of the landlord for a holiday let are a lot stronger against the tenant and they can get you out easier. Once the contract is for 12 months or longer it becomes a permanent residence contract and this places many more rights with the tenant – for example the right to remain in the property for the 4/5 years and the right to retain the same rental price unless stipulated differently in the contract with the only change being at the rate of inflation throughout your term within the property.

Despite these 11 month contracts being used the truth is that the law in Spain states that if you have rented property and made it your home – i.e. you've been in several months and intended to make it your home from the start then in a court of law you will be favoured with the same rights as somebody who is issued with a 12 month contract because the courts are all too familiar with these so-called 11 month contracts being issued and the reasons behind them.

Price wise you will almost certainly pay a better rate for a long-term let the new would for the short-term let. But, there are always exceptions to this.

The problem here in Spain is that sadly a lot of British people or foreigners in general rent out properties to living and then screw the landlord. People say that Spanish landlords screw the foreigners but on the whole this is not necessarily true – they simply try to protect their interests just like you or me would. If you are intending on staying permanently – or for a least a year that I would always insist on a full one-year contract. If however you plan to move on then it's only fair that you negotiate a shorter contract.

3. I have a long-term contract. My contract states that during my initial year I would have to give one months notice to leave and the landlord would have to give me the same. I have been in this property now for two years and I have a fantastic landlord. I know that if I want to keep this house for the next 20 years than I can do so. It is my belief – although I am happy to be corrected that should my landlord want me to leave now he would have difficulty in doing so unless I'm in breach of my contract. Clearly, if I do not pay my rent then he can begin eviction proceedings. Likewise if I was to trash the house or breached the contract in some other way then he can start proceedings to evict me but whilst I know that I can leave with giving one months notice it is my belief that so long as I remain within the terms of my contract I now have the right to reside in this house for the next few years – until the five-year period is up.

Hope this helps – good luck

[Whitehouse]

Originally Posted by steve_in_spain

I agree with snikpoh...

1. Generally – with some exceptions if you book a holiday let them utilities are included but for most long-term rentals you will pay all of the utilities. The landlord will pay the taxes on the property and either transfer the electricity and water accounts into your name or, as is often the case leave them in his or her name and forward you the bill each month. Generally Internet connections, telephone lines and television services are the responsibility of the tenant to both contract and pay.

2. Despite your reply to clarify this question I am still a little confused. In general anything less than a year is considered to be a temporary residence (a holiday let). Therefore a lot of agencies and/or landlords often issue 11 month contracts because the clauses in a holiday let and the rights of the landlord for a holiday let are a lot stronger against the tenant and they can get you out easier. Once the contract is for 12 months or longer it becomes a permanent residence contract and this places many more rights with the tenant – for example the right to remain in the property for the 4/5 years and the right to retain the same rental price unless stipulated differently in the contract with the only change being at the rate of inflation throughout your term within the property.

Despite these 11 month contracts being used the truth is that the law in Spain states that if you have rented property and made it your home – i.e. you've been in several months and intended to make it your home from the start then in a court of law you will be favoured with the same rights as somebody who is issued with a 12 month contract because the courts are all too familiar with these so-called 11 month contracts being issued and the reasons behind them.

Price wise you will almost certainly pay a better rate for a long-term let the new would for the short-term let. But, there are always exceptions to this.

The problem here in Spain is that sadly a lot of British people or foreigners in general rent out properties to living and then screw the landlord. People say that Spanish landlords screw the foreigners but on the whole this is not necessarily true – they simply try to protect their interests just like you or me would. If you are intending on staying permanently – or for a least a year that I would always insist on a full one-year contract. If however you plan to move on then it's only fair that you negotiate a shorter contract.

3. I have a long-term contract. My contract states that during my initial year I would have to give one months notice to leave and the landlord would have to give me the same. I have been in this property now for two years and I have a fantastic landlord. I know that if I want to keep this house for the next 20 years than I can do so. It is my belief – although I am happy to be corrected that should my landlord want me to leave now he would have difficulty in doing so unless I'm in breach of my contract. Clearly, if I do not pay my rent then he can begin eviction proceedings. Likewise if I was to trash the house or breached the contract in some other way then he can start proceedings to evict me but whilst I know that I can leave with giving one months notice it is my belief that so long as I remain within the terms of my contract I now have the right to reside in this house for the next few years – until the five-year period is up.

Hope this helps – good luck

Yes Steve that helps a lot. A lot depends though I think as you say, on the landlord and how reasonable he is to deal with. I mentioned to my daughter about renting as she is thinking of buying a park home on a residential site instead where there are site fees and feels this would be safer and more permanent. She did have reservations about renting as she said, the landlord could decide 9 months down the line into a 12 month contract that he wants you out to sell the apartment and could leave us high and dry.

She does have a point !

[xabiachica]

Originally Posted by Whitehouse

Yes Steve that helps a lot. A lot depends though I think as you say, on the landlord and how reasonable he is to deal with. I mentioned to my daughter about renting as she is thinking of buying a park home on a residential site instead where there are site fees and feels this would be safer and more permanent. She did have reservations about renting as she said, the landlord could decide 9 months down the line into a 12 month contract that he wants you out to sell the apartment and could leave us high and dry.

She does have a point !

yes.... but as Steve said, if it's her home here - from day 1 in fact - then the only way a landlord could legally evict her (as long as she pays the rent & doesn't berak the contract in any way) is to actually move back in himself (or a close family member )

selling the property doesn't swing it

[Whitehouse]

Originally Posted by xabiachica

yes.... but as Steve said, if it's her home here - from day 1 in fact - then the only way a landlord could legally evict her (as long as she pays the rent & doesn't berak the contract in any way) is to actually move back in himself (or a close family member )

selling the property doesn't swing it

I will bear that in mind, but I guess a landlord can say he IS moving back in if he wants her out to sell it.

[steve_in_spain]

Originally Posted by Whitehouse

I will bear that in mind, but I guess a landlord can say he IS moving back in if he wants her out to sell it.

it would be very very hard to persuade a court to rule in his favour in a situation like this... in general if you get a 12 month permanent contract and have it checked by a lawyer if you dont speak spanish then you are pretty safe.. the cost to evict you (especially if you have not broken the contract) would be huge and take probably 2 years or more.. highly unlikely!

[xabiachica]

Originally Posted by Whitehouse

I will bear that in mind, but I guess a landlord can say he IS moving back in if he wants her out to sell it.

they check - if he didn't move in then he would be in trouble with the courts

it simply wouldn't be worth it to him

[Whitehouse]

Originally Posted by xabiachica

they check - if he didn't move in then he would be in trouble with the courts

it simply wouldn't be worth it to him

I am glad to hear it and will pass the info to my daughter.

Thanks for all the advice.

Jan