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Discussion Starter · #1 ·
Our current lease will expire on Aug 7 after 3 year. Back in June we met with the landlord and since then have had email communication with her that we would renew the lease. We asked her to send the lease ahead for us to review. She told us via email that it is just the duration, rate (increased rent) that will change, and had sent us nothing.

On the day that we were supposed to sign this lease extension, she brought the lease extension in which there was a clause that we have to stay for a minimum of 12 month as in the original lease. We hired a lawyer and she agreed that since it is an extension and not a new lease, the 12-month obligation is not necessary. She negotiated with the landlord on our behalf and said that the landlord agreed that we can renew for only one year and give the landlord a 2-month advance notice. Now the landlord says she did not agree to that.


Questions:
1. Does the law require a 12-month obligation for renewal beyond 3 years?

2. What legal rights does the landlord have if there is no agreement beyond the end of year 3 contract? We have a young child, so in effect, can she just kick us out?

3. From what I read, "if after three years of rental none of the parties notifies the other giving at least 30 days’ notice then the rental is renewed for a further year (totalling four years)", does her email communication constitute a formal notice? (She did not give us a formal letter.)

4. How long can we stay in the flat beyond the expiration? (We are actively looking but given the summer has already started, we don't know when we will find a suitable place. We have agreed that we would give her a 2-month notice once we find a flat.)

This woman is a lawyer and extremely difficult to work with. Even our lawyer said she has not dealt with anyone like that.

Thanks!
 

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Our current lease will expire on Aug 7 after 3 year. Back in June we met with the landlord and since then have had email communication with her that we would renew the lease. We asked her to send the lease ahead for us to review. She told us via email that it is just the duration, rate (increased rent) that will change, and had sent us nothing.

On the day that we were supposed to sign this lease extension, she brought the lease extension in which there was a clause that we have to stay for a minimum of 12 month as in the original lease. We hired a lawyer and she agreed that since it is an extension and not a new lease, the 12-month obligation is not necessary. She negotiated with the landlord on our behalf and said that the landlord agreed that we can renew for only one year and give the landlord a 2-month advance notice. Now the landlord says she did not agree to that.


Questions:
1. Does the law require a 12-month obligation for renewal beyond 3 years? No, this is not required

2. What legal rights does the landlord have if there is no agreement beyond the end of year 3 contract? We have a young child, so in effect, can she just kick us out? It would have to be with one months notice (as, presumably, it states in the contract

3. From what I read, "if after three years of rental none of the parties notifies the other giving at least 30 days’ notice then the rental is renewed for a further year (totalling four years)", does her email communication constitute a formal notice? (She did not give us a formal letter.) I'm not sure if this is correct - but I could be wrong.

4. How long can we stay in the flat beyond the expiration? (We are actively looking but given the summer has already started, we don't know when we will find a suitable place. We have agreed that we would give her a 2-month notice once we find a flat.) Your legal obligation (re notice) should be stipulated in the contract but is usually 1 month

This woman is a lawyer and extremely difficult to work with. Even our lawyer said she has not dealt with anyone like that.

Thanks!
Answers above.

After 3 years, it's my understanding that you need a new contract - not an 'extension'. This should all have been discussed prior to the 3 year date. If nothing could be agreed, then you should have left when the contract expired.
 

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Discussion Starter · #3 ·
We did have an agreement back in June that the two sides would renew. The change is that she never mentioned the 12 month obligation the entire time until she showed us the document with that clause at signing.

We have a 2 month advance notice in the original lease:

"El arrendatario se compromete a no desistir anticipadamente del contrato durante un plazo mínimo de DOCE MESES, transcurrido el cual podrá desistir voluntariamente siempre que preavise al arrendador con una antelación mínima de 2 meses."
 

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I can't understand what your problem is with your new contract/lease! :confused:

The only statement in it is you have to stay for 12 months and going by your post you want to stay there anyway, so why upset your landlord on such a trivial matter.
 

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Discussion Starter · #5 ·
I can't understand what your problem is with your new contract/lease! :confused:

The only statement in it is you have to stay for 12 months and going by your post you want to stay there anyway, so why upset your landlord on such a trivial matter.
No, we don't want to have an obligation to stay for a minimum of 12 months. If we find something better, we would rather give her a 2 month notice and move on. Given that it is not a new lease, we don't want this clause in the extension.
 

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No, we don't want to have an obligation to stay for a minimum of 12 months. If we find something better, we would rather give her a 2 month notice and move on. Given that it is not a new lease, we don't want this clause in the extension.
But, by law, it should be a new contract. If you don't want the 12 month clause, have you asked her to remove it?


EDIT: I've just read the LAU again and can confirm that if NOTHING is done at the end of three years, then the contract automatically rolls over for another 12 months. This means that you are not obliged to stay for all 12 months - you still have the option of giving one months notice if you wish and whenever you wish.
 
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