# Renting



## Couple10 (May 1, 2016)

Hello, my fiancée and myself along with our little boy who is 7 are taking the plunge and moving over to Spain in August time to allow my son to start schooling in September (all going to plan). We are coming over in June to look at some areas and properties from Malaga down to Sotogrande. We are planning on applying for our NIE at the Spanish Consulate in Edinburgh in two weeks time prior to us moving in August

Im just looking for some advice on how best to go about the rental. When we are out in June looking at places are we best agreeing with an agent then for August? Also before we sign the rental papers are we advised to get them checked over legally? Is there any do's and don'ts before entering a rental agreement? Would it be best taking a short term rental and then getting a better place for better value when the winter months are approaching? and if so how would that affect being able to get my boy into a school if it was just a short term rental?

So many questions...arghh. Any advice/help would be greatly appreciated. 

Thanks


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## joinspain (May 24, 2016)

Rental agreements are apparently much of a muchness, do you know any Spanish? Will you be using an agency? The lady who we got our house through ran through the contract with us, it was pretty standard with nothing unexpected. 
I don't know if it's the same everywhere but we have an 11 month contract and we can leave at any time but need to give 2 months notice if it's before the 11 months. 
Temporary is fine, it won't impact school providing you are in the same area as you will be in permanently I think. You are not limited by catchment (at least where I am, I don't know if it's the same everywhere). 
Good luck, we made the move 4 months ago with our little ones (oldest is 6). I hope all goes to plan


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## joinspain (May 24, 2016)

Oh & yes ideally you want to agree on something when you visit as otherwise you risk it being rented to someone else & it is more difficult arranging from the uk (though it can be done, that's what we did, so it's not impossible).


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## snikpoh (Nov 19, 2007)

joinspain said:


> Rental agreements are apparently much of a muchness, do you know any Spanish? Will you be using an agency? The lady who we got our house through ran through the contract with us, it was pretty standard with nothing unexpected.
> I don't know if it's the same everywhere but we have an 11 month contract and we can leave at any time but need to give 2 months notice if it's before the 11 months.
> Temporary is fine, it won't impact school providing you are in the same area as you will be in permanently I think. You are not limited by catchment (at least where I am, I don't know if it's the same everywhere).
> Good luck, we made the move 4 months ago with our little ones (oldest is 6). I hope all goes to plan


There have been many threads on exactly this before so take a browse through our forum and you may well find the answers.

In the mean time;

Short-term contracts are temporary contracts (holiday lets) and are generally for less than 6 months. The rent you pay per week is about what you would expect to pay per month on a long-term let.

Long-term lets are generally for 6 months or more.

11-month contracts are really wrong in that the expectation is that they give the landlord more control - they don't. The contract should state that it follows the LAU - as such any contract is now automatically renewable for up to 3 years (if you should want). The contract should state the notice periods for both the landlord and the tenant (generally 1 month).

Breakage deposits (fianza) is generally 1 months rent but some are now advocating 1 month for unfurnished and 2 months for furnished - this is NOT what the law states but is what happens in practice. Don't pay any more!

The contract MUST be in Spanish to be valid - if you don't speak Spanish, take an interpreter with you.


As for schooling, you will need to be on the padron and you need to have a medical for your children (although some schools don't insist on this straight away). So you need to get private health cover straight away.


I'm sure there's lots more, but this will do for a start.


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## thrax (Nov 13, 2008)

As for school medicals, we have never heard of it being a requirement for state school anywhere in the Axarquia and our boy has never had to have one (he is now 6 and has been in his school for 3 years). I have heard this is a requirement in some parts of Spain but not here.


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## mrypg9 (Apr 26, 2008)

Couple10 said:


> Hello, my fiancée and myself along with our little boy who is 7 are taking the plunge and moving over to Spain in August time to allow my son to start schooling in September (all going to plan). We are coming over in June to look at some areas and properties from Malaga down to Sotogrande. We are planning on applying for our NIE at the Spanish Consulate in Edinburgh in two weeks time prior to us moving in August
> 
> Im just looking for some advice on how best to go about the rental. When we are out in June looking at places are we best agreeing with an agent then for August? Also before we sign the rental papers are we advised to get them checked over legally? Is there any do's and don'ts before entering a rental agreement? Would it be best taking a short term rental and then getting a better place for better value when the winter months are approaching? and if so how would that affect being able to get my boy into a school if it was just a short term rental?
> 
> ...



August is not the best time to start a rental contract as many landlords charge much higher rents for the summer period.
As Snikpoh has said, these 'eleven month contracts' have no status whatsoever in law.
The usual, legal procedure is to rent for twelve months after which you are entitled to extend the contract for a further two years. There is then the option if both parties agree to extend for a further two years.
I think that's correct but Snikpoh, who is himself a landlord, will put me right if it's not.
The contract must be in Spanish and contain the details of the property owner's name, address and DNI or NIE. 
If you speak little or no Spanish, I advise you get it properly translated so you are fully aware of your rights and responsibilities.
The area you have chosen is a good place to live, I live in this part of Spain myself. Rental prices for a two bedroom apartment in a gated community start at round 500 euros a month plus utilities to over 1000 euros for a townhouse to the sky's the limit for a house with pool.
But in summer these prices double at least. A friend who rents in winter for 500 euros a month charges more than that per week in peak season.
You didn't mention work so I'm guessing that's not a problem...just as well, as even in the summer tourist season unemployment in this area runs at 30%..


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## Couple10 (May 1, 2016)

Thanks all for the very detailed responses. 

I do not know any Spanish yet. My fiancee and myself do plan on learning so we can integrate better. My son is currently doing Spanish lessons just now, in preparation for school in September. 

I have been in contact with agents and set up properties to see when we come over in June. We are over for 5 days then Ill be going to work for 4 weeks and then when I come back home we are moving over, which will be August. So things are going to be tight. Going to have to try and get something tied up for August when we visit in June.

We won't know anyone Spanish when we go over so how would we go about getting a translator? Are these easy to come by? Can we take the contract away to get it translated?

I have private healthcare cover through my work but we don't have any for my fiancee and my boy. Would we need private cover or could we get them on the state system? I had a conversation with a guy (who did a similar move to Spain) via a work colleague and when they went to register with a doctor over in Spain they paid a fee and managed to get healthcare. Would this be a common practice?

Where is it you live mrypg9? Work isn't a problem as I work away. There would be no way I would do a move over having to look for work in the country.


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## mrypg9 (Apr 26, 2008)

Couple10 said:


> Thanks all for the very detailed responses.
> 
> I do not know any Spanish yet. My fiancee and myself do plan on learning so we can integrate better. My son is currently doing Spanish lessons just now, in preparation for school in September.
> 
> ...


Between Marbella and Estepona. Your partner won't be eligible for regional (state) healthcare as you won't be paying into the Spanish system. Unlike in the UK, benefits of any kind (such as they are, not like the UK), are based on contribution, not residence.
Don't know about interpreters/translators...I guess you'd have to contact an agency.


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## Milanesa (Jun 1, 2014)

Hi, yes just to add, rental in august in soto is absolutely EXTORTIONATE! If you can wait to 1st sept to sign a contract i really would, as the amount will drop sooo much, plus the schools dont start till around 12th sept i believe so you have time on that front. 

With regards to a translator if you find somewhere you like there are various companies and lawyers that for a fee will run through it will you in english.


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## Couple10 (May 1, 2016)

Ill look into getting a place for a month then negotiate a better place/deal as of September then when its cheaper then. Not the best time to be moving out there in August :-(

Doesn't sound too difficult getting a translator then. Was just curious as to how people went about theirs.


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## jojo (Sep 20, 2007)

Couple10 said:


> Ill look into getting a place for a month then negotiate a better place/deal as of September then when its cheaper then. Not the best time to be moving out there in August :-(
> 
> Doesn't sound too difficult getting a translator then. Was just curious as to how people went about theirs.


We made friends with our letting agents, they were fluent and helped us with everything that needed translating

Jo xxx


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## mrypg9 (Apr 26, 2008)

Couple10 said:


> Ill look into getting a place for a month then negotiate a better place/deal as of September then when its cheaper then. Not the best time to be moving out there in August :-(
> 
> Doesn't sound too difficult getting a translator then. Was just curious as to how people went about theirs.


I do speak Spanish, knew a little then....but our landlord is Austrian and I speak German so no problem
We sold all our UK properties when we left, brought all our furniture, goods and chattels with us.
Have been happily renting for ten years, over seven in Spain.


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## xabiaxica (Jun 23, 2009)

I would be wary of renting a property which won't be available until after the holiday season, because it is being marketed to holidaymakers over the summer period.

Any owner doing that is unlikely to really want a true long term tenant & you are unlikely to get a proper tenancy contract - which could cause untold problems later.

In my experience, agents which deal with holiday lets don't do long term, & those which deal with true long term lets don't do holiday lets.


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## Couple10 (May 1, 2016)

Most properties I've seen are booked until September so Im thinking thats because they are holiday lets. Ive seen reading posts there is loads of adverts up for renting properties when actually in Spain. Is it best sticking with ones from agents online and have an offices etc?


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## xabiaxica (Jun 23, 2009)

Couple10 said:


> Most properties I've seen are booked until September so Im thinking thats because they are holiday lets. Ive seen reading posts there is loads of adverts up for renting properties when actually in Spain. Is it best sticking with ones from agents online and have an offices etc?


Some good agents work from home.......... but generally I would (personally) prefer to use one with a physical office which I could visit - if using an agency.

Yes, if they are booked until September they are really holiday lets. I've heard - many times - of people being offered a 'long term' contract, which conveniently finishes by the following summer 

A friend of mine, when she first came over (before I met her), was given what the agent told her was the only kind of contract available. In this contract she agreed to either move out during high season, or pay holiday rates during the summer. Completely illegal of course!

Then just before the 'season' she was informed that she had to pay 3X what she had actually agreed if she wanted to stay over the summer 

Again - illegal. She has moved out - & the owner might (if lucky) get some holiday lets at this late stage. All because of a greedy agent. The owner claimed not to know of the demand for extra cash......


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## jojo (Sep 20, 2007)

We were in a situation once whereby we had an eleven month rental contract until November, but by March the agent was trying to convince us to leave for the summer - to the point where they handed us our notice! In the end, it was just too difficult to stay - well not difficult but very unpleasant - the agent lived two doors away! That along with other things was the reason we came back to the UK

Jo xxx


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