The rules as I understand state that if you sign a contract for long term rental, now six month minimum, you have the right to renew for a further 3 years.
I have been looking at renting a particular property and have just received this email:-
... They (the landlord) have said that they are willing to drop the price if you would sign a 6 month’s contract instead of an 11 or 12 months. They would just like a bit of flexibility, but if they don`t need the villa at the end of the 6 months they can extend the contract for longer ....
Can they take it back? I think after six months they are looking to do holiday rentals to bump up their income as I know it is currently being used as a holiday rental. I don't want to rent for six months I want 12 months with the option to renew, and I rather like this property.
in theory, as long as it's your home & you are paying the rent etc on time etc etc, then it's automatically renewed
I'd say that you're probably absolutely right in your suspicions - they'll probably be advertising it for holiday lets & if they don't get enough bookings 'allow' you to stay on
the problem is, even with right & the law on your side, a landlord who wants his property back will always find a way to make you desperate to leave
I suspect that there will be a lot of contracts with a clause overriding the LAU - if you agree to that, then you have to leave
if I were you, if you really want this property, I'd tell the agent that you want a full residential contract subject to the LAU, & assurance in writing that it's not advertised in any way for holiday lets
if they don't go for that find another one - there are plenty out there
oh - & maybe mention the changes to the law - especially the bit about 6 or 12 month contracts - they can forget that 11 month ones ever existed
Can someone please advise how the law fits in with my rental situation?
Tomorrow will be 1 year to the day I moved into the property where I am currently living. I signed an 11 month contract at the time.
When the 11 month period was coming to end the landlord asked if I would stay on for an extra month, in order to give him time to find a tenant. I agreed.
Just recently I asked if I could stay on for an extra month again. He told me I could only stay on for an extra 3 months minimum! - Is this legal?
The situation as of now is that I would like to stay another 1 or 2 weeks, as the villa I am keen on moving to is not yet ready - how does the law apply in this situation?
Firstly, 11 month contracts are NOT legal! Get a proper contract if you can next time (in Spanish).
Secondly, you have the right to remain in the property for up to 4 years if you wish (used to be 5 but I think it is now 4). Any way, you do NOT have to leave or only stay for another 3 months.
Thirdly, the contract should state what the notice period is (usually 1 month). I would simply give the landlord one months notice and stay there until that.
In case you are concerned about getting your deposit back, discuss this with him and maybe (it's illegal but commonly done) use the deposit to pay the last months rent and bills.
Thwnks to Xavi's excellent advice, we have agreed a new contract with our landlord who is flying here tomorrow from his home in Austria to sign with us. It appears he was in total ignorance of both the old and new laws but is a decent, reasonable chap so was keen to do things properly in future.
We have been in this house since May 2009 on a series of eleven -month contracts. Now we have signed up to three years with option for further two if both parties agree. This suits us as a Spanish friend has promised to rent us a detached house with pool, tennis court, lovely gardens in Estepona in four years time.
We also have succeeded in reducing our rent by €1000 a month- 50%- since moving in.
So we teally do owe Xavi big time as we got all the information needed from this site..no need for lawyers,gestors etc..
Legal or not - all the agents, in our area, are still using the 11 month contract. It is that - or nothing !!
How are they able to do this ??......surely, from 6 month onwards, all permanent rental rules would apply.
Understandably - many LL's , having had their fingers burnt, probably want to 'try out' the tenant, prior to committing to a permanent rental.
I have heard that many unscrupulous tenants sign up for 6/11 months - use the property for an extended holiday, at the reduced price - then, disappear without trace.
Legal or not - all the agents, in our area, are still using the 11 month contract. It is that - or nothing !!
How are they able to do this ??......surely, from 6 month onwards, all permanent rental rules would apply.
Understandably - many LL's , having had their fingers burnt, probably want to 'try out' the tenant, prior to committing to a permanent rental.
I have heard that many unscrupulous tenants sign up for 6/11 months - use the property for an extended holiday, at the reduced price - then, disappear without trace.
Thanks for the link. We are in the process of deciding where in Spain to live and renting was our first option...thinking it was a good way to get started without long-term commitment. Does anyone know if house sitting in Spain is an option? That was another thought so that we would get to know an area before deciding to rent. Seems that rentals are difficult to find if it is less than 3 months. Any suggestions or opinions will be greatly appreciated!
just heard this from a friend here - I had missed it in the changes
she moved 5 months ago & on xmas eve was visited by the bank saying that she was to be evicted - the apartment was being repossessed because the mortgage hadn't been paid - the bank had no idea that the owners had let the place & returned to the UK
the owner gave her a month notice so that she can sell before it's repossessed
that can't be right can it?
well, she saw a lawyer today & was told the following..........
The landlord may now sell the property and the new owner may terminate the existing tenancy agreement so long as it is not lodged at the Land Registry. Before this law, the new owner was forced to respect the existing mandatory tenancy until it ended. This is a very welcome measure indeed. So for all new contracts signed after the 5th of June 2013 it would be advisable for a tenant to have their tenancy agreement lodged at the Land Registry if they want some degree of protection against the owner selling the property and the new owner moving in and have them vacated. On lodging the tenancy agreement if the owners sells on the property, the new owner will be forced to respect the tenancy for the mandatory three-year period (used to be five years before this law).
guess what I'll be doing this week with MY new contract!
unfortunately for my friend, it means that for the second time in 5 months she has to move - the last move was also because the property was being repossessed
just heard this from a friend here - I had missed it in the changes
she moved 5 months ago & on xmas eve was visited by the bank saying that she was to be evicted - the apartment was being repossessed because the mortgage hadn't been paid - the bank had no idea that the owners had let the place & returned to the UK
the owner gave her a month notice so that she can sell before it's repossessed
that can't be right can it?
well, she saw a lawyer today & was told the following..........
guess what I'll be doing this week with MY new contract!
unfortunately for my friend, it means that for the second time in 5 months she has to move - the last move was also because the property was being repossessed
Thats my understanding of the new law (I thought I had posted about it last month, but in fact it was a private message). So, whilst registering is an upside from it being sold out from underneath you, there is also a downside, if my understanding is correct.
As I read the new law, it says that if the lease is registered, and there is a clause in the lease saying it can be terminated for non-payment (be surprised if there wasn't), then there is a BIG change. Following non-payment, the landlord can issue a demand (may need to be notarised), and if you don't respond within 10 days. then all that needs to be done is provide a copy of the demand, and the lease. and a judge will authorise the cancellation of the lease at the Land Registry, AND therefore eviction.
If you avoid eviction by payment before the eviction date (known as enervation), you can only do this once, during the life of the lease.
I was trying to find in the official law change in Spanish where it says the minimum period is reduced from 12 to 6. I was looking at this I assume this is the law but can't find that mentioned although my Spanish is not great. BOE.es - Documento BOE-A-2013-5941
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