# new long term rental rules from June 2013



## xabiaxica (Jun 23, 2009)

I posted a few days ago that I'd read in a boletín about changes to long term rental rules - I've just found this article which sums it up nicely


Renting in Spain: how to survive and thrive - The Local

I'll be copying this to the FAQs thread - but please do have a read of the article & discuss it here


----------



## Hombre62 (Jun 13, 2013)

xabiachica said:


> ...please do have a read of the article & discuss it here


I wonder what is really meant by this bit.



> After the first three years, the contract is renewed automatically. After four years, though, the rental contract is terminated automatically.


----------



## xabiaxica (Jun 23, 2009)

Hombre62 said:


> I wonder what is really meant by this bit.


yeah - I wondered that

I would guess that it means that you start over??


----------



## Nugget_Hound (Jun 13, 2013)

Thanks for that !


----------



## snikpoh (Nov 19, 2007)

xabiachica said:


> yeah - I wondered that
> 
> I would guess that it means that you start over??


Yes, that's what it means.


An interesting point about legal minimum fianza (deposit) that I didn't know - 1 month for unfurnished but two for furnished properties!

The rest, I think, has already been discussed on here.



The article talks about NEW stuff - I couldn't find any.


----------



## el pescador (Mar 14, 2013)

that links says

avast blocked a malicious site


----------



## xabiaxica (Jun 23, 2009)

el pescador said:


> that links says
> 
> avast blocked a malicious site


odd - I use Avast & it lets it through


----------



## xabiaxica (Jun 23, 2009)

snikpoh said:


> Yes, that's what it means.
> 
> 
> An interesting point about legal minimum fianza (deposit) that I didn't know - 1 month for unfurnished but two for furnished properties!
> ...



we did have discussions about the proposals at the end of last year I think.... it's in force now though


I don't remember the change to 3 years in our discussions - but I didn't read every post....


----------



## chris&vicky (Feb 6, 2013)

xabiachica said:


> I posted a few days ago that I'd read in a boletín about changes to long term rental rules - I've just found this article which sums it up nicely
> 
> 
> Renting in Spain: how to survive and thrive - The Local
> ...


The rules as I understand state that if you sign a contract for long term rental, now six month minimum, you have the right to renew for a further 3 years. 

I have been looking at renting a particular property and have just received this email:-

... They (the landlord) have said that they are willing to drop the price if you would sign a 6 month’s contract instead of an 11 or 12 months. They would just like a bit of flexibility, but if they don`t need the villa at the end of the 6 months they can extend the contract for longer ....

Can they take it back? I think after six months they are looking to do holiday rentals to bump up their income as I know it is currently being used as a holiday rental. I don't want to rent for six months I want 12 months with the option to renew, and I rather like this property.


----------



## xabiaxica (Jun 23, 2009)

chris&vicky said:


> The rules as I understand state that if you sign a contract for long term rental, now six month minimum, you have the right to renew for a further 3 years.
> 
> I have been looking at renting a particular property and have just received this email:-
> 
> ...


in theory, as long as it's your home & you are paying the rent etc on time etc etc, then it's automatically renewed

I'd say that you're probably absolutely right in your suspicions - they'll probably be advertising it for holiday lets & if they don't get enough bookings 'allow' you to stay on

the problem is, even with right & the law on your side, a landlord who wants his property back will always find a way to make you desperate to leave

I suspect that there will be a lot of contracts with a clause overriding the LAU - if you agree to that, then you have to leave

if I were you, if you really want this property, I'd tell the agent that you want a full residential contract subject to the LAU, & assurance in writing that it's not advertised in any way for holiday lets

if they don't go for that find another one - there are plenty out there


oh - & maybe mention the changes to the law - especially the bit about 6 or 12 month contracts - they can forget that 11 month ones ever existed


----------



## chris&vicky (Feb 6, 2013)

xabiachica said:


> in theory, as long as it's your home & you are paying the rent etc on time etc etc, then it's automatically renewed
> 
> I'd say that you're probably absolutely right in your suspicions - they'll probably be advertising it for holiday lets & if they don't get enough bookings 'allow' you to stay on
> 
> ...



Yes I think you are right. I will not take this property unless I get a proper contract, but I have a feeling I will not get it and somebody else will come along not knowing their rights and just agree to take it on the landlords terms.


----------



## xabiaxica (Jun 23, 2009)

chris&vicky said:


> Yes I think you are right. I will not take this property unless I get a proper contract, but I have a feeling I will not get it and somebody else will come along not knowing their rights and just agree to take it on the landlords terms.


yep, unfortunately that's what so often happens


----------



## chris&vicky (Feb 6, 2013)

xabiachica said:


> yep, unfortunately that's what so often happens


I went back to the agent pointing out the rules on long term lets, now the landlord has come back offering a short term let of "just under six months"!


----------



## xabiaxica (Jun 23, 2009)

chris&vicky said:


> I went back to the agent pointing out the rules on long term lets, now the landlord has come back offering a short term let of "just under six months"!


I should have had a bet on that :happy:


----------



## V-Dog (May 10, 2012)

Can someone please advise how the law fits in with my rental situation?

Tomorrow will be 1 year to the day I moved into the property where I am currently living. I signed an 11 month contract at the time. 

When the 11 month period was coming to end the landlord asked if I would stay on for an extra month, in order to give him time to find a tenant. I agreed. 

Just recently I asked if I could stay on for an extra month again. He told me I could only stay on for an extra 3 months minimum! - Is this legal?

The situation as of now is that I would like to stay another 1 or 2 weeks, as the villa I am keen on moving to is not yet ready - how does the law apply in this situation?

Thanks in advance for your assistance


----------



## snikpoh (Nov 19, 2007)

V-Dog said:


> Can someone please advise how the law fits in with my rental situation?
> 
> Tomorrow will be 1 year to the day I moved into the property where I am currently living. I signed an 11 month contract at the time.
> 
> ...


Firstly, 11 month contracts are NOT legal! Get a proper contract if you can next time (in Spanish).

Secondly, you have the right to remain in the property for up to 4 years if you wish (used to be 5 but I think it is now 4). Any way, you do NOT have to leave or only stay for another 3 months.

Thirdly, the contract should state what the notice period is (usually 1 month). I would simply give the landlord one months notice and stay there until that. 

In case you are concerned about getting your deposit back, discuss this with him and maybe (it's illegal but commonly done) use the deposit to pay the last months rent and bills.


----------



## mrypg9 (Apr 26, 2008)

Thwnks to Xavi's excellent advice, we have agreed a new contract with our landlord who is flying here tomorrow from his home in Austria to sign with us. It appears he was in total ignorance of both the old and new laws but is a decent, reasonable chap so was keen to do things properly in future.
We have been in this house since May 2009 on a series of eleven -month contracts. Now we have signed up to three years with option for further two if both parties agree. This suits us as a Spanish friend has promised to rent us a detached house with pool, tennis court, lovely gardens in Estepona in four years time.
We also have succeeded in reducing our rent by €1000 a month- 50%- since moving in.
So we teally do owe Xavi big time as we got all the information needed from this site..no need for lawyers,gestors etc..


----------



## xabiaxica (Jun 23, 2009)

mrypg9 said:


> Thwnks to Xavi's excellent advice, we have agreed a new contract with our landlord who is flying here tomorrow from his home in Austria to sign with us. It appears he was in total ignorance of both the old and new laws but is a decent, reasonable chap so was keen to do things properly in future.
> We have been in this house since May 2009 on a series of eleven -month contracts. Now we have signed up to three years with option for further two if both parties agree. This suits us as a Spanish friend has promised to rent us a detached house with pool, tennis court, lovely gardens in Estepona in four years time.
> We also have succeeded in reducing our rent by €1000 a month- 50%- since moving in.
> So we teally do owe Xavi big time as we got all the information needed from this site..no need for lawyers,gestors etc..


aww shucks 

but you're very welcome, and all I did was post what the rules actually are - & I'm not the only one doing that, to be fair

any chance you could come & negotiate a lower rent with my landlord? :fingerscrossed:


----------



## CapnBilly (Jun 7, 2011)

snikpoh said:


> Secondly, you have the right to remain in the property for up to 4 years if you wish (used to be 5 but I think it is now 4). Any way, you do NOT have to leave or only stay for another 3 months.


It's now 3 years reduced from 5 years, although having said if the lease was signed under the old law, then those are the terms that apply, unless both parties agree otherwise

The way I read the law, it says that if the tenant hasn't given 30 days notice by the time of the expiry, then it's automatically extended for a year, although presumably the parties can agree a extension term. You can give 30 days notice of termination at any time, but then there may be penalties. 

Translation

"1. The term of the lease shall be freely agreed upon by the parties. If this is less than three years, arrived the day of the expiration of the contract, this is extended mandatory for annual periods until the lease lasting a minimum of three years, unless tenant manifest to the lessor, thirty days in advance at least to the date of termination of the contract or of any of the extensions, your desire not to renew it"

Having said that, I agree with Snikpoh, I would just give 30 days notice.


----------



## Allie-P (Feb 11, 2013)

Legal or not - all the agents, in our area, are still using the 11 month contract. It is that - or nothing !!

How are they able to do this ??......surely, from 6 month onwards, all permanent rental rules would apply.

Understandably - many LL's , having had their fingers burnt, probably want to 'try out' the tenant, prior to committing to a permanent rental.

I have heard that many unscrupulous tenants sign up for 6/11 months - use the property for an extended holiday, at the reduced price - then, disappear without trace.


----------



## mrypg9 (Apr 26, 2008)

xabiachica said:


> aww shucks
> 
> but you're very welcome, and all I did was post what the rules actually are - & I'm not the only one doing that, to be fair
> 
> any chance you could come & negotiate a lower rent with my landlord? :fingerscrossed:


You were the only person to find and post a clear, unambiguous and up-to-date guide to the new law.

I searched the net but found nothing as easy to read and understand. 
Saved me the sum of €7200 over the remaining years of our tenancy.

Our landlord is an easy-going, affable womaniser, owner of an Austrian puti- club. He once showed me photos of his 'girls ' that he personally had taken.. Interesting, that,it seems Austrian men go for large- busted buxom blondes... Like many men of that kind, he is actually quite terrified of women. By skilful innuendo and by taking him to unoccupied and vandalised or squatted properties I have instilled in him a fear of his house being left empty. This is actually happening in this area of large properties, many for sale.

Don't know if any of that has any relevance for you, Xavia...


----------



## xabiaxica (Jun 23, 2009)

Allie-P said:


> Legal or not - all the agents, in our area, are still using the 11 month contract. It is that - or nothing !!
> 
> How are they able to do this ??......*surely, from 6 month onwards, all permanent rental rules would apply.*
> 
> ...


and that's the bottom line, really

but so many people simply don't know that, & merrily pay for another contract etc etc

or move out in the summer so that the landlord can get summer tenants in at the higher holiday rate

there are of course unscrupulous tenants AND landlords - & no amount of legislation is going to change that


----------



## xabiaxica (Jun 23, 2009)

mrypg9 said:


> You were the only person to find and post a clear, unambiguous and up-to-date guide to the new law.
> 
> I searched the net but found nothing as easy to read and understand.
> Saved me the sum of €7200 over the remaining years of our tenancy.
> ...


can't use any of those tactics unfortunately - pleading abject poverty if it comes to it might work though

my urb is very sought after - no empty properties being burgled or vandalised


I do think he's a bit scared of me though ..........


----------



## weloveteaching (Nov 9, 2013)

*what about short term rentals?*

Thanks for the link. We are in the process of deciding where in Spain to live and renting was our first option...thinking it was a good way to get started without long-term commitment. Does anyone know if house sitting in Spain is an option? That was another thought so that we would get to know an area before deciding to rent. Seems that rentals are difficult to find if it is less than 3 months. Any suggestions or opinions will be greatly appreciated!


----------



## Lonely (Aug 11, 2012)

related to rentals: could you please tell me if in Spain property agents carry annoying inspections every 3 months like in Australia?

Thanks


----------



## xabiaxica (Jun 23, 2009)

Lonely said:


> related to rentals: could you please tell me if in Spain property agents carry annoying inspections every 3 months like in Australia?
> 
> Thanks


not as a matter of course, no

& they aren't allowed to enter the property without your permission, nor without prior arrangement, unless you're happy for them to do so


----------



## Allie-P (Feb 11, 2013)

xabiachica said:


> and that's the bottom line, really
> 
> but so many people simply don't know that, & merrily pay for another contract etc etc
> 
> ...




True.....but, thanks to the advice & interchange on this excellent forum.....we can, at least, keep up to date.....:wave:


----------



## Lonely (Aug 11, 2012)

xabiachica said:


> not as a matter of course, no
> 
> & they aren't allowed to enter the property without your permission, nor without prior arrangement, unless you're happy for them to do so


oh thanks God.

Here not only they get in as long as they give you 48 hours written notice but I have experienced sometimes they got in without notice, last time a tradie woke me up in the morning entering my bedroom without even knocking up


----------



## snikpoh (Nov 19, 2007)

Lonely said:


> oh thanks God.
> 
> Here not only they get in as long as they give you 48 hours written notice but I have experienced sometimes they got in without notice, last time a tradie woke me up in the morning entering my bedroom without even knocking up


Ooops! Be careful how you use this phrase - it means something completely different in English (=== to get someone pregnant)


----------



## xabiaxica (Jun 23, 2009)

snikpoh said:


> Ooops! Be careful how you use this phrase - it means something completely different in English (=== to get someone pregnant)


I was so busy trying to work out what a tradie is that I missed that!!


----------



## Lonely (Aug 11, 2012)

xabiachica said:


> I was so busy trying to work out what a tradie is that I missed that!!


a tradie is Aussie slang for a person specialized in a trade such as a plumber, a sparkie (electrician in Aussie again  ) , a builder, etc.


----------



## xabiaxica (Jun 23, 2009)

just heard this from a friend here - I had missed it in the changes

she moved 5 months ago & on xmas eve was visited by the bank saying that she was to be evicted - the apartment was being repossessed because the mortgage hadn't been paid - the bank had no idea that the owners had let the place & returned to the UK

the owner gave her a month notice so that she can sell before it's repossessed

that can't be right can it?

well, she saw a lawyer today & was told the following..........



> The landlord may now sell the property and the new owner may terminate the existing tenancy agreement so long as it is not lodged at the Land Registry. Before this law, the new owner was forced to respect the existing mandatory tenancy until it ended. This is a very welcome measure indeed. So for all new contracts signed after the 5th of June 2013 it would be advisable for a tenant to have their tenancy agreement lodged at the Land Registry if they want some degree of protection against the owner selling the property and the new owner moving in and have them vacated. On lodging the tenancy agreement if the owners sells on the property, the new owner will be forced to respect the tenancy for the mandatory three-year period (used to be five years before this law).


guess what I'll be doing this week with MY new contract! 

unfortunately for my friend, it means that for the second time in 5 months she has to move - the last move was _also _because the property was being repossessed


----------



## CapnBilly (Jun 7, 2011)

xabiachica said:


> just heard this from a friend here - I had missed it in the changes
> 
> she moved 5 months ago & on xmas eve was visited by the bank saying that she was to be evicted - the apartment was being repossessed because the mortgage hadn't been paid - the bank had no idea that the owners had let the place & returned to the UK
> 
> ...


Thats my understanding of the new law (I thought I had posted about it last month, but in fact it was a private message). So, whilst registering is an upside from it being sold out from underneath you, there is also a downside, if my understanding is correct.

As I read the new law, it says that if the lease is registered, and there is a clause in the lease saying it can be terminated for non-payment (be surprised if there wasn't), then there is a BIG change. Following non-payment, the landlord can issue a demand (may need to be notarised), and if you don't respond within 10 days. then all that needs to be done is provide a copy of the demand, and the lease. and a judge will authorise the cancellation of the lease at the Land Registry, AND therefore eviction.


If you avoid eviction by payment before the eviction date (known as enervation), you can only do this once, during the life of the lease.


----------



## xabiaxica (Jun 23, 2009)

CapnBilly said:


> Thats my understanding of the new law (I thought I had posted about it last month, but in fact it was a private message). So, whilst registering is an upside from it being sold out from underneath you, there is also a downside, if my understanding is correct.
> 
> As I read the new law, it says that if the lease is registered, and there is a clause in the lease saying it can be terminated for non-payment (be surprised if there wasn't), then there is a BIG change. Following non-payment, the landlord can issue a demand (may need to be notarised), and if you don't respond within 10 days. then all that needs to be done is provide a copy of the demand, and the lease. and a judge will authorise the cancellation of the lease at the Land Registry, AND therefore eviction.
> 
> ...


I had totally missed that when I read it - though I admit I hadn't read the entire thing - just bits & pieces as questions came up!

Although from my understanding, even without that, it's much easier (& faster) to evict for non-payment now than it was previously

I'll be seeing my gestor this week about something else, so I'll be asking about this in great detail


----------



## chris&vicky (Feb 6, 2013)

xabiachica said:


> I posted a few days ago that I'd read in a boletín about changes to long term rental rules - I've just found this article which sums it up nicely
> 
> 
> Renting in Spain: how to survive and thrive - The Local
> ...


I was trying to find in the official law change in Spanish where it says the minimum period is reduced from 12 to 6. I was looking at this I assume this is the law but can't find that mentioned although my Spanish is not great. BOE.es - Documento BOE-A-2013-5941


----------

