# Standard Spanish Rental Contact?



## expatmat (Feb 12, 2013)

In the UK, there is the AST, what is the equivalent in Spain (if at all)?

In the UK, ASTs are set for a minimum of 6 months (up to 12) with a 1 month break clause after 6 months. After end of tenancy they convert to a rolling tenancy (month by month).

How do things work in Spain?


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## thrax (Nov 13, 2008)

Most long term lets are for 11 months. Contracts are usually quite simple, ours is two pages. The contract may or may not state the period of notice but it is often one month for the renter to leave and two months notice to quit from the landlord. I think I remember somebody posting a standard contract on here some time ago but cannot find it. Legally the requirement is for one month rental in advance and one month deposit but some landlords or agents ask for two months deposit. Some agents also charge a finders fee but this should be avoided if possible.


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## snikpoh (Nov 19, 2007)

thrax said:


> Most long term lets are for 11 months. Contracts are usually quite simple, ours is two pages. The contract may or may not state the period of notice but it is often one month for the renter to leave and two months notice to quit from the landlord. I think I remember somebody posting a standard contract on here some time ago but cannot find it. Legally the requirement is for one month rental in advance and one month deposit but some landlords or agents ask for two months deposit. Some agents also charge a finders fee but this should be avoided if possible.


The law is that either party can quit the contract with just one months notice - irrespective of what the contract might say. However, for the landlord to ask a tenant to leave, they must need the property as their main residence or you must have broken the terms of the contract in some way.

Whilst most contracts may be for 11 months, this is equally illegal or wrong. There is no benefit in a contract being less than 1 year - neither the tenant nor the landlord get any additional benefit from this. Correct and legal Spanish contracts must be written in Spanish and SHOULD be for a year or more.

Tenants now have the right to remain in a property for an additional 4 years (used to be 5) without needing to sign a new contract.

Finally, legally, all a tenant has to pay is one months rent in advance and one months deposit (fianza). Some landlords and agents will ask for more but this is open to discussion.

Agents may also ask for a fee (finders fee, contract fee or whatever they choose to call it). This is quite legal and, in my mind, totally acceptable. It, in my mind, should be split 50:50 between the landlord and the tenant.


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## expatmat (Feb 12, 2013)

snikpoh said:


> The law is that either party can quit the contract with just one months notice - irrespective of what the contract might say. However, for the landlord to ask a tenant to leave, they must need the property as their main residence or you must have broken the terms of the contract in some way.


Thanks for the update. So does that mean you can sign a 1 year contract and leave within the terms after 2 months (e.g. stay 1 month + 1 month notice period)?


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## snikpoh (Nov 19, 2007)

expatmat said:


> Thanks for the update. So does that mean you can sign a 1 year contract and leave within the terms after 2 months (e.g. stay 1 month + 1 month notice period)?



Yes.


... but not very nice for the landlord. And don't expect to get your deposit back as I'm sure the landlord will try and keep it.


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## expatmat (Feb 12, 2013)

snikpoh said:


> Yes.... but not very nice for the landlord. And don't expect to get your deposit back as I'm sure the landlord will try and keep it.


Surely it's not an issue of "nice" for landlord, it's an issue of what's allowed in the contract.


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## xabiaxica (Jun 23, 2009)

expatmat said:


> Surely it's not an issue of "nice" for landlord, it's an issue of what's allowed in the contract.


well yes, it's allowed in the contract

but if you're a landlord & haev spent money advertising, cleaning, decorating etc. a property for long term letting, and set the rent at an attractive level for a long let, and then the tenant moves out after 2 months - especially if they happen to be two of the months that the owner might have been able to quadruple rental rates as holiday let (June/July/August) - how would you feel as that owner?

this is why there are two kinds of contract - holiday let contracts & residential contracts..... & why it can be near impossible to find a long let in a tourist area during the summer - owners have had their fingers burned!!


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## expatmat (Feb 12, 2013)

If it's allowed in the contract, it's allowed in the contract - that's all I need to know.


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## thrax (Nov 13, 2008)

snikpoh said:


> The law is that either party can quit the contract with just one months notice - irrespective of what the contract might say. However, for the landlord to ask a tenant to leave, they must need the property as their main residence or you must have broken the terms of the contract in some way.
> 
> Whilst most contracts may be for 11 months, this is equally illegal or wrong. There is no benefit in a contract being less than 1 year - neither the tenant nor the landlord get any additional benefit from this. Correct and legal Spanish contracts must be written in Spanish and SHOULD be for a year or more.
> 
> ...


This is all true but unfortunately many landlords don't seem to know the law. Our own landlord who is a very good one insists that we sign a new contract every 11 months as it is, as he says, the law. The contract he uses is about as useful as an aardvarks fa%t but it keeps him happy. None of the agents we know around here would dream of charging a finder's fee; they are usually paid the first month's rent as their fee. I know two of them quite well and they think a finder's fee is wrong ethically. Yes, I know; estate agents and ethically in the same sentence doesn't look right....


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## milatou (Mar 27, 2015)

Hi,
If I have 1 year contract, I can leave after 3 months, with 1 month notice, right?
And if I have 2 years contract, is it same? 1 month notice? I heard it is 1 month notice per year of commitment...
I also heard (for 1 year contract), I HAVE TO stay a min of 6 months.
Thanks


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## snikpoh (Nov 19, 2007)

milatou said:


> Hi,
> If I have 1 year contract, I can leave after 3 months, with 1 month notice, right?
> And if I have 2 years contract, is it same? 1 month notice? I heard it is 1 month notice per year of commitment...
> I also heard (for 1 year contract), I HAVE TO stay a min of 6 months.
> Thanks


No matter what the length of the contract (one or two years), the notice arrangements are the same.

However, I also believe that you have to stay a minimum of 6 months.


In reality, people don't do that - they leave when they want to leave, for whatever reason. What can the landlord do? All they can do is to keep the deposit in lieu of rent but then they will probably have to pay outstanding utility bills as well.


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