# 1 year rental contract



## GregShu (Jan 9, 2013)

Hello,

I signed a 1 year rental.
What happens after this period?
Usually you re sign, or you continue tacitly?
After the first year, it's again for 1 year or it can be stopped by both parties with a deadline of two months for example?

thank you,
Greg


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## xabiaxica (Jun 23, 2009)

GregShu said:


> Hello,
> 
> I signed a 1 year rental.
> What happens after this period?
> ...


assuming it is your home - if you pay your rent monthly then you can give a month notice at any time - even during the first year

the landlord would have to do the same to you - however, if you didn't want to leave you wouldn't have to unless he or a close family member needed the property as their home


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## mrypg9 (Apr 26, 2008)

What does your contract say about renewal? There must be a clause relating to renewal written into it.
Most contracts are for eleven months, not a year.

A propos of Xavia's comments about tenants' rights...we've just signed up to our fifth eleven month contract. We must be given a month's notice if the landlord wishes us to move out. I know that under the law he can only do so if he or close family move in...but our contracts have included a clause which says we give up our rights under Section 4 of the law...the part relating to what Xavia has mentioned. I've always assumed that you cannot sign away rights you have in law in a rental or any other contract...

Is this so?


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## Trubrit (Nov 24, 2010)

Now I am really confused. My landlord said that if we leave the house during the first 12 months we have to pay for the whole year. If we wish to leave after that period then a 4 weeks notice will suffice.


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## GregShu (Jan 9, 2013)

Trubrit said:


> Now I am really confused. My landlord said that if we leave the house during the first 12 months we have to pay for the whole year. If we wish to leave after that period then a 4 weeks notice will suffice.


This is what I understood me too ...


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## Overandout (Nov 10, 2012)

GregShu said:


> This is what I understood me too ...


I believe that you are both thinking of the provisions of the proposed modification to the Ley de Arrendamiento Urbano that hit the news last year.

As far as I am aware this "reforma" will only apply to contracts signed after the application of the new version of the law which has not yet come into force, meaning that the last version of the law (from 1994) is actually the applicable law.


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## xabiaxica (Jun 23, 2009)

Trubrit said:


> Now I am really confused. My landlord said that if we leave the house during the first 12 months we have to pay for the whole year. If we wish to leave after that period then a 4 weeks notice will suffice.





GregShu said:


> This is what I understood me too ...


it doesn't matter what your landlord says - if it's your home the LAU takes precedence over anything else - & that says that you only have to give a month notice


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## snikpoh (Nov 19, 2007)

mrypg9 said:


> What does your contract say about renewal? There must be a clause relating to renewal written into it.
> Most contracts are for eleven months, not a year.
> 
> A propos of Xavia's comments about tenants' rights...we've just signed up to our fifth eleven month contract. We must be given a month's notice if the landlord wishes us to move out. I know that under the law he can only do so if he or close family move in...but our contracts have included a clause which says we give up our rights under Section 4 of the law...the part relating to what Xavia has mentioned. I've always assumed that you cannot sign away rights you have in law in a rental or any other contract...
> ...


I have to disagree - this might be your experience but not it's not mine.

Contracts are typically for a year but with a renewal clause.

11 month contracts are normally written by landlords who (wrongly) believe that these 'short-term' contracts give them more rights - this has been proven to be incorrect (in the courts). Tenants and landlords have exactly the same rights for an 11 month contract as for an annual one.

New contracts do NOT have to be signed every year, the law states that the tenant can simply stay in the property for as long as they wish or until the landlord can prove that they need it back for their own use.


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