# Minimum rental contract for residency



## C-M (Oct 25, 2020)

Is there a minimum rental period that must be show by EU nationals when applying for residency?

I keep seeing 12 months banded around, but my belief is that is for UK and third country nationals. 

One of the reasons I ask is that I plan to live in one region long term, but my initial move will be to elsewhere in order to take care of some business for a few months.


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## xabiaxica (Jun 23, 2009)

C-M said:


> Is there a minimum rental period that must be show by EU nationals when applying for residency?
> 
> I keep seeing 12 months banded around, but my belief is that is for UK and third country nationals.
> 
> One of the reasons I ask is that I plan to live in one region long term, but my initial move will be to elsewhere in order to take care of some business for a few months.


EU nationals don't need to show a rental contract when registering as resident.


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## C-M (Oct 25, 2020)

xabiaxica said:


> EU nationals don't need to show a rental contract when registering as resident.


Ok that's good. However for various things you need to be on the Padron and my understanding is that in some regions to get on the Padron you may have to show a contract of some sort. So how does that work if you rent say an AirBNB for 6 months.


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## MataMata (Nov 30, 2008)

legally you cannot be on a Padron unless you are resident. 

Signing on a Padron is in fact a declaration that you habitually reside at the address you give, resident in other words regardless of whether you have formalised that or not, and that can have consequences - such as being deemed tax resident from the day you signed. 

Don't mistake a municipality allowing you to sign on their padron as it being correct or legal because it isn't. They get money from the government based on the numbers on it so it's to their benefit financially to have as many as possible sign on, it's as simple and grubby as that.

They get away with it because audits are rare and probably cost more to carry out than they potentially save for central government but make no mistake, there is provision in law for fines of up to €10,000 per person both for individuals illegally signing on a Padron and the authority permitting them to do so.


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## C-M (Oct 25, 2020)

Don't you have to be on the Padron and give a copy of the certificado de empadronamiento though in order to submit your EX18 form? You have to register as resident is in Spain for 90 days for more, so you need some form of official proof of address.


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## xabiaxica (Jun 23, 2009)

C-M said:


> Don't you have to be on the Padron and give a copy of the certificado de empadronamiento though in order to submit your EX18 form? You have to register as resident is in Spain for 90 days for more, so you need some form of official proof of address.


For EU citizens it's the other way round, officially, although some offices don't do it that way. 

You're supposed to register as resident first, then take your green resident registration card to the ayto when you sign yourself onto the padrón. Yes, for that you need a proper residential rental contract, if you rent.


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## MataMata (Nov 30, 2008)

C-M said:


> You have to register as resident is in Spain for 90 days for more, so you need some form of official proof of address.


Deeds to a property or a rental contract are sufficient for that.

The official government guide to applying for residency and exchanging a green residencia for a TIE does not even contain the word 'padron'.


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## xabiaxica (Jun 23, 2009)

MataMata said:


> Deeds to a property or a rental contract are sufficient for that.
> 
> The official government guide to applying for residency and exchanging a green residencia for a TIE does not even contain the word 'padron'.


That isn't a guide for registering as an EU citizen in Spain per se - but for those who wish to register under the Brexit WA. 

It is true though, that EU citizens do 'residency' first, & 'padrón' second... officially, anyway.


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