house Rentals laws

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Old 20th January 2020, 07:40 PM
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Default house Rentals laws

Presently less than six months in a one year rental contract and I may need to think again as although it is a semi-detached property the wall is paper thin and there are many noises including shouting small boys etc and also a steep hill to the property is catching up with us, especially the shopping load and my vehicle parked not so close.
I have heard a contract could be terminated, some say after six months with thirty days notice and other stories recently we were told anytime but give two months notice. One other thing is our small well behaved dog is so nervous living here.
Any thoughts appreciated

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Old 20th January 2020, 08:53 PM
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I believe you have to give them one full months notice. They have to give you two full months notice to terminate the contract.

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Old 21st January 2020, 07:27 AM
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I believe you have to give them one full months notice. They have to give you two full months notice to terminate the contract.

Steve
I think this is correct.

Some will tell you that it can't be terminated within the first 6 months without penalty - I don't agree unless I have read the law wrongly.
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Old 21st January 2020, 10:51 AM
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Quote:
Originally Posted by Terence-Paul View Post
Presently less than six months in a one year rental contract and I may need to think again as although it is a semi-detached property the wall is paper thin and there are many noises including shouting small boys etc and also a steep hill to the property is catching up with us, especially the shopping load and my vehicle parked not so close.
I have heard a contract could be terminated, some say after six months with thirty days notice and other stories recently we were told anytime but give two months notice. One other thing is our small well behaved dog is so nervous living here.
Any thoughts appreciated
Surely the contract itself will stipulate what notice period is required?
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Old 21st January 2020, 01:58 PM
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According to the current version of the "Ley de Arrendamientos Urbanos" which is Law 29/1994 of 24th November (last modified by Royal Decree 7/2019 of 1st March), the contract can be terminated by the tenant after 6 months, providing that one month's notice is given.

So, at the end of the 5th month, you can give notice that you are terminating after completing 6 months as per your legal right pursuant to Article 11 of the law.

If the contract does say something different about the period after which you can cancel the contract, or the notice you have to give, which is to your detriment, you can ignore those provisions as the law in Article 6 makes these clauses null and void.

BUT, if your contract states that upon cancellation by the tenant, the tenant has to pay compensation to the landlord for the period of the contract until its natural end, then this will be enforceable and you will have to pay, if the landlord insists, because such a provision is expressly permitted according to Article 11.
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Old 21st January 2020, 02:06 PM
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According to the current version of the "Ley de Arrendamientos Urbanos" which is Law 29/1994 of 24th November (last modified by Royal Decree 7/2019 of 1st March), the contract can be terminated by the tenant after 6 months, providing that one month's notice is given.

So, at the end of the 5th month, you can give notice that you are terminating after completing 6 months as per your legal right pursuant to Article 11 of the law.

If the contract does say something different about the period after which you can cancel the contract, or the notice you have to give, which is to your detriment, you can ignore those provisions as the law in Article 6 makes these clauses null and void.

BUT, if your contract states that upon cancellation by the tenant, the tenant has to pay compensation to the landlord for the period of the contract until its natural end, then this will be enforceable and you will have to pay, if the landlord insists, because such a provision is expressly permitted according to Article 11.

Not the case here, but what if the rental contract were for less than 6 months?

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Old 21st January 2020, 02:23 PM
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Not the case here, but what if the rental contract were for less than 6 months?
That eventuality is not specifically covered in the law, so only a judge can give a legally binding answer (and as no 2 judges ever agree, it's anyone's guess!), but the inference from the law is that the tenant would be obliged to see through the entire contract with no right to an anticipated cancelation.

That said, if I were a tenant with, say a 5 month contract and I wanted out after 3 months, I would just speak to the landlord and say that I couldn't pay any more and if he wanted me to see through the 5 month term he would have t take me to court. Otherwise I would pay the three months that I have stayed.
The most likely outcome is that the landlord accepts rather than go to court (I would get that acceptance in writing).
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Old 21st January 2020, 03:49 PM
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Quote:
Originally Posted by Overandout View Post

That said, if I were a tenant with, say a 5 month contract and I wanted out after 3 months, I would just speak to the landlord and say that I couldn't pay any more and if he wanted me to see through the 5 month term he would have t take me to court. Otherwise I would pay the three months that I have stayed.
The most likely outcome is that the landlord accepts rather than go to court (I would get that acceptance in writing).
And you would presumably have paid one (or even two) months deposit in advance, which the landlord would be entitled to keep? Because you're not going to go to court to try and get it back...
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Old 21st January 2020, 06:33 PM
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Originally Posted by Alcalaina View Post
Surely the contract itself will stipulate what notice period is required?
Hi, yes good point my friend. I had the contract looked at when leaving our last place and he said it was okay, just a bog standard contract, no worries. I have translated the contract but didn't really see this bit I include below.
si el arrendatario incumpliera la duracion completa del contrato perderia la fianza

Which in rough term reads if you breach the contract you lose the bond held.
I will get a spanish contact to read the contract to help clear this up. In the coming days.
Thanks

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Old 22nd January 2020, 07:13 AM
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And you would presumably have paid one (or even two) months deposit in advance, which the landlord would be entitled to keep? Because you're not going to go to court to try and get it back...
... or even three months.

The law changed last March. It's now 1 months fianza and (possibly) up to 2 months deposito.

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