# question about empadronamiento!



## Mud (Oct 9, 2013)

hi guys! 
I have a question about empadronamiento, after talking to my hopefully soon-to-be landlord in Malaga and asking him if I can do what I plan to do, (NIE, autonomo, residencia) on the contract I will have allowing me to stay there. 

The contract includes a clause saying that the person signing has this place as a second address, not their main one, which is written at the top of the contract.

It is for about 6 months, and afterwards I will have to find another place.


He said that I *will be able* to use the contract as a proof of address/residence when I am signing up for NIE, etc, BUT, that I will not be able to use it for empadronamiento, because it is not a long enough stay (he said that would be something more like 10 months?), and that padron is something he also has had a lot of trouble with. (He is living in Spain since 2014).

I want to verify if I need padron among my first steps of 90 days of being in Malaga, or if it can happen later on, when I can find another place.

Thank you!


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## xabiaxica (Jun 23, 2009)

iris muddy said:


> hi guys!
> I have a question about empadronamiento, after talking to my hopefully soon-to-be landlord in Malaga and asking him if I can do what I plan to do, (NIE, autonomo, residencia) on the contract I will have allowing me to stay there.
> 
> The contract includes a clause saying that the person signing has this place as a second address, not their main one, which is written at the top of the contract.
> ...


Many ayuntamientos are indeed refusing these temporary contracts for the padrón, simply because you can only be registered on the padrón at your main address - so wherever you spend the majority of your time - 10 months has nothing to do with it. If you live here, you register on the padrón & should do so at the earliest opportunity, for many reasons.

Proof of address isn't needed for the NIE nor for registering as resident. 

However, some extranjerías want to see the padrón before registering you, some the other way round (which is how it's meant to be)

Were I you, I'd look for a property where the landlord is prepared to give you a proper residential contract.

All this is assuming you're an EU citizen. Your flags suggest that you're Canadian? 
If so, then you have to be on the padrón before sorting out your TIE, which has to be done within 3 months.


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## Overandout (Nov 10, 2012)

Leaving aside the dubious legalities of the contract (the landlord is trying to avoid that the law on rentals (LAU) applies to the contract by stipulating that this will not be your primary residence), you need to check with the town hall.
In some places you need a valid rental contract, which yours probably wouldn't be, but in other places they will accept a water or electricity bill in your name at the address of the property.


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## Mud (Oct 9, 2013)

Luckily, I have an EU passport also, as I have EU nationality as well as Canadian citizenship. 

Hmm ok I had a feeling it had nothing to do with 10 months, but more that you actually live somewhere mainly.
I did not know that some want padron before... good to know that's a possibility!

Oh, I hadn't heard of LAU nor that the clause in this contract could be avoiding anything.

Thank you guys!


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## Lynn R (Feb 21, 2014)

Overandout said:


> Leaving aside the dubious legalities of the contract (the landlord is trying to avoid that the law on rentals (LAU) applies to the contract by stipulating that this will not be your primary residence), you need to check with the town hall.
> In some places you need a valid rental contract, which yours probably wouldn't be, but in other places they will accept a water or electricity bill in your name at the address of the property.


Yes, I agree it would be best to check with the town hall. In addition to not accepting 6-month contracts, mine also insists that the rental contract must be registered with the Registro de Proprieadades, as I discovered when trying to help an Australian citizen who had moved here to sign on the padrón.


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## Mud (Oct 9, 2013)

Lynn R said:


> Yes, I agree it would be best to check with the town hall. In addition to not accepting 6-month contracts, mine also insists that the rental contract must be registered with the Registro de Proprieadades, as I discovered when trying to help an Australian citizen who had moved here to sign on the padrón.


Interesting... and is this the Malaga town hall? because that's exactly where I'm headed...


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## Lynn R (Feb 21, 2014)

iris muddy said:


> Interesting... and is this the Malaga town hall? because that's exactly where I'm headed...


No, Vélez-Málaga (about 35km East of Málaga). I mentioned it just to show how, as with so many things, requirements differ between different towns. so checking with the relevant one first is always best.


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## Mud (Oct 9, 2013)

Lynn R said:


> No, Vélez-Málaga (about 35km East of Málaga). I mentioned it just to show how, as with so many things, requirements differ between different towns. so checking with the relevant one first is always best.


Most definitely. Thank you!
Are the town halls easy to call and ask a question? 
Although I guess, again, it would be different with each one... so... I just have to try haha


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## Mud (Oct 9, 2013)

I called the Malaga ayuntamiento, and with great clumsyness, explained my situation hahaha. Still learning!!

They were absolutely lovely, patient, and helpful. I was told things were fine! Even a little bit too fine? It felt like they must be exaggerating a little bit about how I could just show up and things would be fine. 

Seems ok! But the real test will be in a couple of months.


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## baldilocks (Mar 7, 2010)

_In theory_, the correct way is you can only sign on the padrón IF you are actually resident since the padrón is actually a list of those resident within the town and for which the Central Government pays an allowance. Some local authorities cheat, to get more money by registering people on the padrón who are not actually resident within the authority's jurisdiction. You cannot, _in theory_ sign on the padrón as a resident until *after* you have registered as a resident at the National Police Station.


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