# Rental contract renewal



## tebo53 (Sep 18, 2014)

Can anyone give me advice about rental contracts please? 

I moved into this apartment 5 years ago and signed an 11 month temporary contract. Do I need to renew that rental contract regularly or does it just roll over?
I have a really good landlord who never bothers me and my rent is still the same as when I first moved in but I just need to cover things.

Steve


----------



## Overandout (Nov 10, 2012)

The law on rentals will always consider that an automatic renewal has taken place if no other document exists to the contrary.

There have been various amendments to the law which established the periods at which the landlord could end the contract, but if you do not have any such notification, the law will concede that the contract is being extended tacitly on a year by year basis (this is a constant provision in the law regardless of when the original contract was signed).

You could formalize this situation by signing a new contract, but unless your landlord wants to do this (usually motivated by a desire to increase the rent) you really don't have much incentive as the tenant to do so.

In your situation, as long as I had an original signed contract, I would sit back and relax.


----------



## snikpoh (Nov 19, 2007)

Overandout said:


> The law on rentals will always consider that an automatic renewal has taken place if no other document exists to the contrary.
> 
> There have been various amendments to the law which established the periods at which the landlord could end the contract, but if you do not have any such notification, the law will concede that the contract is being extended tacitly on a year by year basis (this is a constant provision in the law regardless of when the original contract was signed).
> 
> ...


The problem though is that @tebo53 states that it is a temporary contract and so, probably, doesn't follow the LAU.

@tebo53 - why do you state it's a temporary rental contract?


----------



## tebo53 (Sep 18, 2014)

Hi, the original contract I signed was on 19th October 2015 and the heading reads: " Contrato de arrendamiento de vivienda por temporada para uso distinto de vivienda habitual" 
I assume that to mean a temporary contract, even though I've been living here (undisturbed) since 2015. Just need to feel a little more settled with the contract situation. 

Steve


----------



## Overandout (Nov 10, 2012)

These types of contracts were an attempt, as snikpoh has suggested, to avoid the application of the law to rental contracts.

As far as I know it has never been upheld by a court and is a virtually worthless legal attempt to avoid the application of statutory rights, especially in your case where you can easily prove that the dwelling is your primary residence.

Out of curiosity, are you "empadronado" at the address and did you use the rental contract to register?


----------



## tebo53 (Sep 18, 2014)

Overandout said:


> These types of contracts were an attempt, as snikpoh has suggested, to avoid the application of the law to rental contracts.
> 
> As far as I know it has never been upheld by a court and is a virtually worthless legal attempt to avoid the application of statutory rights, especially in your case where you can easily prove that the dwelling is your primary residence.
> 
> Out of curiosity, are you "empadronado" at the address and did you use the rental contract to register?


Yes we used the rental contract when we got the Padron. Do you think we need to sign a new contract after all this time? It's just for my information as the landlord has not requested it at all.

Steve


----------



## Overandout (Nov 10, 2012)

Personally, I wouldn't do anything.

You might not have the contract which the law expects you to have, but the law is on your side, or it would be in case of a dispute. Yet you don't have a dispute, so although a pure legal answer from a lawyer might be to regulate the private contractual side, the practical advice I would give (I am not a lawyer, but do work with contracts and disputes) would be to let sleeping dogs lie. And your dog isn't particularly vicious even if he wakes up.

But as I say, I am not a lawyer, and please take my advice along with that of others, including professionals if it makes you feel better, and decide accordingly with the information received. This is only an internet forum after all!


----------



## tebo53 (Sep 18, 2014)

Thanks for that, I'll take your advice and just let it ride for now.

Steve


----------

