# Landlord selling



## Elpuppy (Dec 6, 2014)

What rights do Spanish tenants have if the landlord sells the property?

This is a hypothetical situation. We are looking at rental properties which are both for rent and for sale. 

Any advice?

(PS - interested in tenants rights not the right to buy)


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## snikpoh (Nov 19, 2007)

As stated, they must give you first refusal at buying it.

It's my understanding that they can not force you out unless they need it for their own use. Wanting to sell is NOT a valid reason for forcing you to leave. They will have to sell with a sitting tenant - just like in UK.


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## Elpuppy (Dec 6, 2014)

snikpoh said:


> It's my understanding that they can not force you out unless they need it for their own use. Wanting to sell is NOT a valid reason for forcing you to leave. They will have to sell with a sitting tenant - just like in UK.


That would make sense except I've seen it quoted in few places to the contrary i.e. this 

"Under the new law, _if the contract was not registered in the Land Register_, the new owner is entitled to *recover the property immediately*."
Source: New laws governing the rental of a property in Spain. | Leading Property Group Spain

Which is confusing as some sources say lodging contracts at the Registry is rare (and expensive)


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## jasminewm1 (Jul 2, 2015)

Yes sitting tenant has the right to buy the property


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## xabiaxica (Jun 23, 2009)

Elpuppy said:


> That would make sense except I've seen it quoted in few places to the contrary i.e. this
> 
> "Under the new law, _if the contract was not registered in the Land Register_, the new owner is entitled to *recover the property immediately*."
> Source: New laws governing the rental of a property in Spain. | Leading Property Group Spain
> ...


yes, that's the law as of the last changes 2 years ago as detailed in the RENTING IN SPAIN document in our http://www.expatforum.com/expats/sp...-living-spain/2725-faqs-lots-useful-info.html

as you say though, I don't think many contracts do get registered, although it is in the interest of both the tenant & landlord to do so


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## xabiaxica (Jun 23, 2009)

jasminewm1 said:


> Yes sitting tenant has the right to buy the property


not necesarily under the 2013 changes to the law


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## Elpuppy (Dec 6, 2014)

My understanding is that if the contract is not registered officially they can serve 3 months termination notice on you even if the lease term has not expired. The new owner does not have to honour the lease or sitting tenant rights. 

A couple of questions - 
* if you take out a 12 month internet contract on the property and you get evicted because the owner sells 3 months in, who pays the outstanding contract?
* can you register the contract with the Registry *after* notice of sale thus protecting yourself from forced termination of the contract?


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## xabiaxica (Jun 23, 2009)

Elpuppy said:


> My understanding is that if the contract is not registered officially they can serve 3 months termination notice on you even if the lease term has not expired. The new owner does not have to honour the lease or sitting tenant rights.
> 
> A couple of questions -
> * if you take out a 12 month internet contract on the property and you get evicted because the owner sells 3 months in, who pays the outstanding contract?
> * can you register the contract with the Registry *after* notice of sale thus protecting yourself from forced termination of the contract?


as for the internet - no idea! Morally the landlord, but....

you can't register the contract after a notice of sake - this happened to a friend of mine


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## Elpuppy (Dec 6, 2014)

xabiachica said:


> you can't register the contract after a notice of sake - this happened to a friend of mine


What happened to your friend?


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## snikpoh (Nov 19, 2007)

Elpuppy said:


> My understanding is that if the contract is not registered officially they can serve 3 months termination notice on you even if the lease term has not expired. The new owner does not have to honour the lease or sitting tenant rights.
> 
> A couple of questions -
> * if you take out a 12 month internet contract on the property and you get evicted because the owner sells 3 months in, who pays the outstanding contract?
> * can you register the contract with the Registry *after* notice of sale thus protecting yourself from forced termination of the contract?


Where does 3 months come from?

It's my understanding that it's one month either way irrespective of whether the rental term has expired or not (providing the landlord has a valid reason to give you notice). That is, you are not bound to keep renting for the whole of the rental period.


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## xabiaxica (Jun 23, 2009)

Elpuppy said:


> What happened to your friend?


she found somewhere much nicer to live  


the property was actually in the process of being repossessed - the first she knew was when officials from the bank turned up with paperwork on Xmas eve. The bank didn't know that it was rented out, either 

the rental agent very swiftly put it up for sale & my friend moved asap - she had just had almost the same thing happen to her a few months earlier, before the law change, & couldn't face any more hassle

when she moved she made sure that the agent had a declaration from the owner that the mortgage was paid up to date - & she registered the contract


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