# Renting in Spain - Requirements



## HoleInOne (Nov 15, 2015)

We are looking at a long term 2-3 rental on a property on the Costa Blanca. This will not be our permanent home but a place for long weekends, summer holidays and winter breaks. In total we are unlikely to spend more than 70 days a year here.

_*We are liable for the water and electricity at the property.
We will be needing to have an internet contract.*_

What exactly will I require in terms of legal document/status?

NIE?

Certificado de Empadronamiento?

I'd imagine I'll need a Spanish Bank account but that could be a non resident account?


Guidance would really be a appreciated.


Thanks

Tony


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## Anciana (Jul 14, 2014)

I just yesterday described my experience concerning a rental contract in Spain. The agency was most interested in INCOME, as tenants might need evicting (and often do, especially in the times of high unemplyment and financial crisis). Buyers are easier/cheaper to handle. They become bank's responsibility. 

But my long term contract is for a vivienda - a primary place to live - not a temporada - a temporary place. There are different sets of regulations governing the two types of rental.


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## xabiaxica (Jun 23, 2009)

HoleInOne said:


> We are looking at a long term 2-3 rental on a property on the Costa Blanca. This will not be our permanent home but a place for long weekends, summer holidays and winter breaks. In total we are unlikely to spend more than 70 days a year here.
> 
> _*We are liable for the water and electricity at the property.
> We will be needing to have an internet contract.*_
> ...


What ID is required is between you & the owner/agent

The only _official_ ID you have is your passport, & you may be asked for a NIE as well. a NIE isn't ID, it's a fiscal number

you will need a Spanish bank account - well maybe not _need, _but it will be easier as far as paying the bills is concerned 

since you won't be living here you should not register on the padrón - that is a list of _residents _of a town, not those who holiday there, irrespective of how often, nor whether or not they own property there

you are unlikely to be able to get an internet contract without a NIE


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## HoleInOne (Nov 15, 2015)

xabiachica said:


> What ID is required is between you & the owner/agent
> 
> The only _official_ ID is your passport, & you may be asked for a NIE as well
> 
> ...


Thanks. The ID required between us and agent is Passport and UK Address/affordability. 

I thought perhaps I would need NIE for contact with utilities/telecoms.

Tony


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## xabiaxica (Jun 23, 2009)

HoleInOne said:


> Thanks. The ID required between us and agent is Passport and UK Address/affordability.
> 
> I thought perhaps I would need NIE for contact with utilities/telecoms.
> 
> Tony


Will the utility contracts be put into your name? If so, that's unusual. Most owners keep the contracts in their own names. some will give you the bill & you pay it (or the owner), but the easiest is to have the bills 'domiciled' to your bank account so that it goes out by direct debit. That can be done without contracts being changed - which can be a costly exercise.

I've rented here for 12 years & have never had utilities in my name. Phone & internet yes, but not gas, electricity nor water.


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## HoleInOne (Nov 15, 2015)

xabiachica said:


> Will the utility contracts be put into your name? If so, that's unusual. Most owners keep the contracts in their own names. some will give you the bill & you pay it (or the owner), but the easiest is to have the bills 'domiciled' to your bank account so that it goes out by direct debit. That can be done without contracts being changed - which can be a costly exercise.
> 
> I've rented here for 12 years & have never had utilities in my name. Phone & internet yes, but not gas, electricity nor water.


Ahh, that makes perfect sense. Thanks.

I'd imagine the Telecom contact is less prescriptive? There is no telecom facility in the property at the moment.

Really appreciate the reply.

Thanks 
Tony.


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## snikpoh (Nov 19, 2007)

Anciana said:


> I just yesterday described my experience concerning a rental contract in Spain. The agency was most interested in INCOME, as tenants might need evicting (and often do, especially in the times of high unemplyment and financial crisis). Buyers are easier/cheaper to handle. They become bank's responsibility.
> 
> But my long term contract is for a vivienda - a primary place to live - not a temporada - a temporary place. There are different sets of regulations governing the two types of rental.


Really? Can you please post links to where the differences are discussed.

If you mean the difference between holiday lets and 'long-term' lets then that's different and I understand the legislation for those.


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## Anciana (Jul 14, 2014)

I have read an article by a Spanish lawyer ( in Spanish and on one of the Spanish language rental sites, but do not remember which one, perhaps Enaquilier?, as I had no need to keep it as a reference) stating that it was a common misconception that a *length*of a rental contract was decisive, under which set of rules it would fall, while the legal difference is in a *purpose* of the contract: for a primary abode (vivienda) or a secondary one (temporada). 



The first would be awarded protections of the tenant law, the other would not.

I was personally only interested in the regulations concerning viviendas, so I did not pay attention to temporadas, sorry.


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## Monkey Hangers (Jan 8, 2009)

HoleInOne said:


> Ahh, that makes perfect sense. Thanks.
> 
> I'd imagine the Telecom contact is less prescriptive? There is no telecom facility in the property at the moment.
> 
> ...


I think the likes of Teleast will do phone and internet with passport number only. They may be in your area or a company that's part of their group.


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## mrypg9 (Apr 26, 2008)

Anciana said:


> I have read an article by a Spanish lawyer ( in Spanish and on one of the Spanish language rental sites, but do not remember which one, perhaps Enaquilier?, as I had no need to keep it as a reference) stating that it was a common misconception that a *length*of a rental contract was decisive, under which set of rules it would fall, while the legal difference is in a *purpose* of the contract: for a primary abode (vivienda) or a secondary one (temporada).
> 
> 
> 
> ...


As I understand it, the only significant difference relates to length of contract. There is no such thing as a distinct 'vivienda' contract.
Our contract was initially temporada then two years ago the landlord and I drew up a contract based on current law for a three year period with two year extension if both parties agree. After Year Three the rent may be increased in line with the retail price index. We are now in Year Two of the first three years and the landlord has already asked (begged, almost) that we stay for two years after next year and in effect for as long as we like.
When we drew up the contract I omitted the clauses which gave the landlord the right to evict us if he or his family wished to live in the property. He was happy to go along with that as he is Austrian, lives in Austria and has a second property here.
Anyway, Snikpoh knows about rental things, he is a responsible and knowledgeable landlord.

PS I have little if any faith in Spanish lawyers. Many of them contradict each other when giving advice. A good friend is a lawyer here. She would agree 100% with my views on her profession..


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## Anciana (Jul 14, 2014)

I would never question snikpoh as a landlord or his knowledge about rentals. I only answered his question repeating what I read. Lawyers like to split hairs, so perhaps you are right in practice, though formally it might not be so straightforward.


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## mrypg9 (Apr 26, 2008)

Anciana said:


> I would never question snikpoh as a landlord or his knowledge about rentals. I only answered his question repeating what I read. Lawyers like to split hairs, so perhaps you are right in practice, though formally it might not be so straightforward.


In the UK law is a respected profession - (don't know about Sweden). We trusted our lawyer as a knowledgeable, honest and capable professional. Here, lawyers seem to be regarded as pond life. I don't know if it's because the route to becoming a lawyer is less demanding than in the UK or that so many Spanish lawyers have been involved in dishonesty. Of course there are 'bent' lawyers in the UK too but not so many and the culture is, generally, one of respect and trust.
It's important to note that even long-term rental contracts often contain a clause which states that the owner can require a tenant to quit the property under certain conditions, chiefly if s/he wishes personal or family use of the property.
I didn't for one moment think our landlord would ever want to live in this house but I like to feel 100% secure which is why I insisted on omitting those clauses.
I keep telling him, he is very lucky to have us as tenants.
Actually, I'm planning to emasculate him when he comes next month to visit Spain as he borrowed my 4x4 and trailer last month and of course the speeding ticket (120 kmp in a 80kmp zone) is in my name. I know he'll pay any fine but it's a hassle sorting it out with DGT.
I'll probably ask my lawyer friend to do it for me....


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## Anciana (Jul 14, 2014)

Probably in every country there are lawyers and low life lawyers. Somehow it seems that a particular legal specialty attracts more of one sort or another. Ambulance chasers for example are hardly respected. Unfortunately uncomplicated low value civil law cases attract the same kind, as they are rarely intellectually challenging. 

I don't know about the author of the article I sort of quoted. But lawyers who publish usually are well prepared with deeper and broader legal knowledge than a garden variety legal practitioner.

Now that I got professionally, so to speak, interested in the topic I shall study it further at my leisure when I finish my move and a bad weather in January will keep me indoors.


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## mrypg9 (Apr 26, 2008)

Anciana said:


> Probably in every country there are lawyers and low life lawyers. Somehow it seems that a particular legal specialty attracts more of one sort or another. Ambulance chasers for example are hardly respected. Unfortunately uncomplicated low value civil law cases attract the same kind, as they are rarely intellectually challenging.
> 
> I don't know about the author of the article I sort of quoted. But lawyers who publish usually are well prepared with deeper and broader legal knowledge than a garden variety legal practitioner.
> 
> Now that I got professionally, so to speak, interested in the topic I shall study it further at my leisure when I finish my move and a bad weather in January will keep me indoors.


Just one last comment...I don't usually give much attention to lawyers who write for real estate web sites...


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## Anciana (Jul 14, 2014)

mrypg9 said:


> Just one last comment...I don't usually give much attention to lawyers who write for real estate web sites...


We all have our opinions. Some rational, some not so much. Yours might be rational. Or it just might be a prejudice.


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## Anciana (Jul 14, 2014)

HoleInOne said:


> We are looking at a long term 2-3 rental on a property on the Costa Blanca. This will not be our permanent home but a place for long weekends, summer holidays and winter breaks. In total we are unlikely to spend more than 70 days a year here.
> 
> Tony


I wonder why would you pay rent for a year on something you plan to use for only about two month in a year. What is the benefit in doing that?


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## HoleInOne (Nov 15, 2015)

Anciana said:


> I wonder why would you pay rent for a year on something you plan to use for only about two month in a year. What is the benefit in doing that?


Have done the whole holiday rental thing it just makes financial sense.

That 70 days is made up of a three week, a couple of two week, a week and the rest odd days and long weekends.

When you rent a holiday rental it works out the same as the place we aiming at for a year. It would encourage us to do the odd weekends, leave all our belongings there and not have to worry about finding somewhere suitable.

I agree it may sound odd but we are going to be moving their permanently in the future, this seems like a half way compromise.


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## xabiaxica (Jun 23, 2009)

HoleInOne said:


> Have done the whole holiday rental thing it just makes financial sense.
> 
> That 70 days is made up of a three week, a couple of two week, a week and the rest odd days and long weekends.
> 
> ...


lots of people do that - including Spanish people who can't afford to buy a second home

you're right - it can work out not much different financially, especially if you intend to use it for weekends as well as a few longer breaks

I bet you find yourself coming more often than you expect as well


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## HoleInOne (Nov 15, 2015)

That's certainly the intention and thought process. Accommodation costs and more so availability make those short breaks/weekend are what make the weekend trips prohibitive, not the air fares.

My biggest fear will be getting infrastructure set up. And for 21st Century living, TV and internet. We both have to work and working from home is possible.

I've just noticed another member making similar enquiries in the same area we are looking at so that may well help.

Thanks
Tony


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## Anciana (Jul 14, 2014)

I found the article I was referring to, if it is of interest: Las 6 cláusulas nulas más frecuentes en los contratos de alquiler de una vivienda — idealista/news[boletin_20150605]-20150605-[m-01-titular-node_737443][email protected]


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## xabiaxica (Jun 23, 2009)

Anciana said:


> I found the article I was referring to, if it is of interest: Las 6 clÃ¡usulas nulas mÃ¡s frecuentes en los contratos de alquiler de una vivienda â€” idealista/news[boletin_20150605]-20150605-[m-01-titular-node_737443][email protected]


Point number one is one we've talked about on many many occasions



> *1.- Falsos arrendamientos de temporada:* una de las “trampas” habituales entre arrendadores con desconocimiento de la LAU es firmar arrendamientos de 11 meses de duración para intentar evitar la aplicación de la normativa de arrendamientos de vivienda, al interpretar que es un arrendamiento de temporada.


If a property is the main home of the tenant there's no point making a so-called 'temporary 11 month contract', simply because the tenant will have the right to stay 3 years regardless, as long as they pay the rent etc.


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