Tenants rights in spain, renting a property in spain, the law and your rights, stay in spain, visit spain
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Property in Spain - Tenants rights when you let a property

 

Foreigners renting property in Spain are often unaware of their rights, for example if you are renting an apartment on a 2 year, residential contract (a vivienda), and the landlord says at the end of the contract period that you must vacate, you can apply to the court for an extension to your contract for up to five years.

If the landlord sells the property during the life of your contract, you, the tenant have the right to first refusal. If the landlord does not make this offer and the property is sold, you have the right to have the sale annulled and buy the property yourself for the price declared in the sales documents.

 

It is for these reasons that a landlord in Spain will want a tenant out of the property before he decides to buy, and a buyer will very rarely be interested if there is a tenant in the property. If such a buyer can be found then the tenant has the right for his rental contract to be continued by the new owner.

 

These laws do not apply to a short-term rental, ie for a month's holiday. These short-term lets are called 'temporada' contracts and cannot be extended.

 

There is no set legal limit as to when a short-term let becomes long-term, however 12 months seems to be the accepted norm. This must be examined in the wording of any contract. Because vivienda tenants acquire more rights than temporada, it is often written in a contract that the terms, regardless of the length, are by means of a temporada contract.

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A law passed in 1995 also enables a landlord to take a security deposit with a rental contract, to offset against any damages. This is one month's rent for a house and 2 month's rent for a property for any other use. The deposit is called a fianza and should be lodged with an independent, third party such as an agent. It is often common practice for the landlord to hold the deposit himself but be aware that this gives him full control.

 

Common clauses in a rental contract include:

The term is set - usually 11 months but renewable

The rent is payable usually monthly

You are liable for all the bills on the property such as electric, water and gas

The community charge is normally paid by the owner

You must not use the property for business purposes

You must not upset other local residents or act in an unsociable way

You will be liable for any damages and/or losses when you leave

If you renew the contract, the rent can rise by the rate of inflation

You cannot sublet the property and must live there

   
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