# Rental law still in use 29/1994



## Terence-Paul (Nov 4, 2019)

I this still true when renting you can be stitched up with Law 29/1994 of 24th November?
Although a new rental Law7/2019 was brought into place.
I am looking for a normal rental if all goes well for a year which will carry on if okay.
But all I see is cop out rentals using the outdated Law 29/1994 which give you no protection at all and even allow you to be kicked out if the owner decides to sell it with 30 days notice. This cannot be right, how are landlords able to use this for a year even, let alone longer. Surely thats why the law changed. Any expats signed a Seasonal Contract for a year? Is the way forward to refuse this type of contract and send your own from a solicitor or would they then refuse it?


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## davexf (Jan 26, 2009)

Hola 

From memory, there was a 2012 or 2014 Rent act which superseded that law - then there was the short term rental act of 2018. 

The long term act gives renters the right to 5 years rental if the renter wants it and stops the old 11 month contracts 

Davexf


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## mrypg9 (Apr 26, 2008)

Terence-Paul said:


> I this still true when renting you can be stitched up with Law 29/1994 of 24th November?
> Although a new rental Law7/2019 was brought into place.
> I am looking for a normal rental if all goes well for a year which will carry on if okay.
> But all I see is cop out rentals using the outdated Law 29/1994 which give you no protection at all and even allow you to be kicked out if the owner decides to sell it with 30 days notice. This cannot be right, how are landlords able to use this for a year even, let alone longer. Surely thats why the law changed. Any expats signed a Seasonal Contract for a year? Is the way forward to refuse this type of contract and send your own from a solicitor or would they then refuse it?


All new rental contracts must comply with the new law.

You can google it yourself and read the new requirements. 

Any other type or wording of contract is illegal.


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## Overandout (Nov 10, 2012)

Yes, law 29/1994 is still in force.

However it has been updated several times, the last time was in March 2019.

When people say "the new law" they are technically wrong, it is not a new law, it is a modification of the existing one.

So no, they are not "stitching you up", they are directing you to the applicable legislation.

When you look up any Spanish law for home reference, make sure you are looking at the "updated" version, not the "original" which will not show the changes.

I recommend using noticiasjuridicas.com as they have a user friendly way of viewing the legislation in various ways.


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## Phil Squares (Jan 13, 2017)

IIRC, one of the changes allows the renters to have first right of refusal in the event of a sale. The property owner has to offer it to the renters first and the renter has the option to purchase or not. I also think, although I am not positive, the prospective property owner can't make you move after the completion of the sale. I am not sure about the last part but do remember that being discussed.


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## Miss Jones11 (Jul 13, 2020)

You can have as many laws as you like, but if the justice system is ineffective what is a law worth. How long would it take a tenant to get a landlord before a judge and how much would it cost?


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## snikpoh (Nov 19, 2007)

Miss Jones11 said:


> You can have as many laws as you like, but if the justice system is ineffective what is a law worth. How long would it take a tenant to get a landlord before a judge and how much would it cost?


It really doesn't matter - the law is in favour of the tenant.

The landlord can NOT kick you out unless you break the terms of the contract (non payment etc.)

@Phil is correct. Even if the landlord wants to sell, you can NOT be made to leave.


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## Terence-Paul (Nov 4, 2019)

Very useful replies everybody, many thanks. the below paragraph confused me slightly that a solicitor had on his web site too.

"Did you know that, at times, landlords can circumvent these restrictive regional regulations offering their properties as seasonal lets instead? I.e. no rental licence is required. Were you aware that thousands of properties all over Spain are rented out legally every year as seasonal lets to tourists without much of a hindrance?
Holiday-home rental: short-term contract that spans between a day and a month (varies between regions in Spain). Accommodations are offered through touristic channels (see further below) such as online property portals with an online booking system.
Seasonal let: is a type of contract whereby a landlord rents a property not as a permanent abode. It can be either short-term (days, weeks) or long-term (months, years). Seasonal long-term lets are NOT subject to the raft of tenant entitlements set out by Spain’s Tenancy Act (which only apply to rentals that constitute a permanent abode) and most certainly do NOT require a rental licence."

I have had a recent contract that read it was in accordance with the provisions of Law 29/1994 of 24 November, on urban leases and shall be governed by the provisions of the same and by what has been agreed in this document. Also on the front page it has SEASONAL HOUSING CONTRACT.
That is why I was concerned mainly of tenants rights were being by passed.


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## Phil Squares (Jan 13, 2017)

IIRC, if the rental period is over 11 months or 11 months, can't remember, then it is not a seasonal rental and the rules do apply.


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## Overandout (Nov 10, 2012)

Terence-Paul said:


> Very useful replies everybody, many thanks. the below paragraph confused me slightly that a solicitor had on his web site too.
> 
> "Did you know that, at times, landlords can circumvent these restrictive regional regulations offering their properties as seasonal lets instead? I.e. no rental licence is required. Were you aware that thousands of properties all over Spain are rented out legally every year as seasonal lets to tourists without much of a hindrance?
> Holiday-home rental: short-term contract that spans between a day and a month (varies between regions in Spain). Accommodations are offered through touristic channels (see further below) such as online property portals with an online booking system.
> ...


You cannot, in the eyes of the law, sign away your statutory rights. This applies in most jurisdictions. So even if you sign a contract which appears to deprive you of rights under the applicable legislation, those terms would be declared void by any court and you would be guaranteed the protection of the law.
Contrary to what people might say, the Spanish legal system isn't that bad at individual civil matters level So exercising your rights in a court is, although always the last recourse, a viable option.


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## Miss Jones11 (Jul 13, 2020)

snikpoh said:


> It really doesn't matter - the law is in favour of the tenant.
> 
> The landlord can NOT kick you out unless you break the terms of the contract (non payment etc.)
> 
> @Phil is correct. Even if the landlord wants to sell, you can NOT be made to leave.


Theory vs. reality.

Quite correct, a civil matter. So when you get home to find your possessions on the doorstep and the locks changed how long and much would it be before you got the case in front of a judge? A week, a month, a year or 5 years?


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## NickZ (Jun 26, 2009)

Terence-Paul said:


> Seasonal let: is a type of contract whereby a landlord rents a property not as a permanent abode. It can be either short-term (days, weeks) or long-term (months, years). Seasonal long-term lets are NOT subject to the raft of tenant entitlements set out by Spain’s Tenancy Act (which only apply to rentals that constitute a permanent abode) and most certainly do NOT require a rental licence."
> 
> I have had a recent contract that read it was in accordance with the provisions of Law 29/1994 of 24 November, on urban leases and shall be governed by the provisions of the same and by what has been agreed in this document. Also on the front page it has SEASONAL HOUSING CONTRACT.
> That is why I was concerned mainly of tenants rights were being by passed.


Don't many regions now require a license number for short term lets?


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## Overandout (Nov 10, 2012)

NickZ said:


> Don't many regions now require a license number for short term lets?


Yes, that text is confusing and inaccurate. (Intentionally so perhaps?)


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## Overandout (Nov 10, 2012)

I think what the law firm is getting at in a complicated way is that someone who rents a dwelling as their only house, i.e. their permanent home, should not sign a contract in which it says that it will not be used as such.

This is simply because the law protects people's rights to a home (which is part of your constitutional rights) quite differently to your rights to a second / holiday home.


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## Overandout (Nov 10, 2012)

Miss Jones11 said:


> Theory vs. reality.
> 
> Quite correct, a civil matter. So when you get home to find your possessions on the doorstep and the locks changed how long and much would it be before you got the case in front of a judge? A week, a month, a year or 5 years?


How long did it take you to get your first hearing the last time you filed a civil case in a Spanish court?


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## snikpoh (Nov 19, 2007)

Miss Jones11 said:


> Theory vs. reality.
> 
> Quite correct, a civil matter. So when you get home to find your possessions on the doorstep and the locks changed how long and much would it be before you got the case in front of a judge? A week, a month, a year or 5 years?


Takes but a few minutes to show the police your rental agreement and show them goods on street and locks changed - they will then prosecute the owner.

In the mean time, you can either break back in or the owners will be arrested

By-the-way, I'm a landlord with some experience of these matters


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## Miss Jones11 (Jul 13, 2020)

snikpoh said:


> Takes but a few minutes to show the police your rental agreement and show them goods on street and locks changed - they will then prosecute the owner.
> 
> In the mean time, you can either break back in or the owners will be arrested
> 
> By-the-way, I'm a landlord with some experience of these matters


Now confused. Are rental laws and rental agreements civil laws or are they covered by criminal law, hence the police? Big difference. :confused2:


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## Terence-Paul (Nov 4, 2019)

Overandout said:


> I think what the law firm is getting at in a complicated way is that someone who rents a dwelling as their only house, i.e. their permanent home, should not sign a contract in which it says that it will not be used as such.
> 
> This is simply because the law protects people's rights to a home (which is part of your constitutional rights) quite differently to your rights to a second / holiday home.


Hi and many thanks for your inputs again.
1) What I notice is that by writing SEASONAL HOUSING CONTRACT or similar, benefits the landlords and they seem very popular even on one year and more leases.
This will be our third rental of a minimum of one year and the second one we stayed two years but never came across this SEASONAL thing of which we thought was definately holiday lets short term. We also thought if the utility bills were in your name and paid from your own account this was an abode used as a home etc.
2) We have never been asked for the landlords agents to pay them a months rent commission to them although we did share that with the last landlord.
3) So if I understand things then renting a place with a contract that says "This contract is granted in accordance with the provisions of Law 29/1994 November, on Urban Leases and shall be governed by the provisions of the same, and by what has been agreed in this document" is okay as we would be protected by the more recent changes anyway such as last years update Law 7/2019 of 1st March 2019?
I did ask if they would change it to quote the new Law, living in hope lol.


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## xabiaxica (Jun 23, 2009)

Miss Jones11 said:


> Now confused. Are rental laws and rental agreements civil laws or are they covered by criminal law, hence the police? Big difference. :confused2:


It's a criminal offence to lock a legal tenant out of their home.


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## Terence-Paul (Nov 4, 2019)

We have never been asked for the landlords agents to pay them a months rent commission to them although we did share that with the last landlord.
Anyone else paid this much?


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