In Spain, an arrendamiento contract is valid, either orally or in writing. Oral contracts are usually a bad idea, especially if you don`t speak the language fluently. Instead, insist that you have written everything to make sure you fully understand what you are signing. To break a contract, the tenant must terminate at least 30 days before the end date. The rent that the third person must pay to the original tenant must be less than that specified in the tenancy agreement. As a general rule, a tenant with a long-term contract has the right to extend each year by three years, unless the landlord declares after one year that he intends to personally occupy the property at some point – then the tenant must be given a two-month period. The landlord can increase the rent if improvements are made as long as the increase meets certain standards and is overall less than 20%. A Spanish lawyer is strongly advised to review or develop your existing lease. Leasing a property is a complex and serious issue and it is important that tenants and landlords are fully aware of their rights and obligations. That is why we strongly recommend that you get advice from a qualified professional before entering into such a contract. It goes without saying that at Bravo Legal, we would be very happy to take care of it for you, so fill out the following form and we will give you additional information about our fees, etc. If the lessor is willing to sell his leased property for the duration of the tenancy agreement, the tenant is entitled to a pre-emption right (derecho de tanteo), which means that he could buy the property as a priority over another buyer.
If you are familiar with real estate rentals in Spain and especially on the Costa del Sol, it is very likely that you have heard of the 11-month lease and you may even have signed one! Under Spanish law, there are two types of leases: if a lease does not indicate its duration, it runs for one year. Although expenses related to the daily use of the property, such as municipal taxes or property tax (IBI), must be borne by the landlord, tenants may be required to pay them if this had been agreed beforehand by both parties in the tenancy agreement. There are many problems with renting/renting a property. You may disagree with the length of the lease, the rent increase, the tenant who refuses to move, the tenant who has not paid the rent; The rental agreement can be concluded before a notary and registered with the Spanish real estate register (Registro de la Propiedad). The landlord must inform the tenant three months in advance to make repairs that affect the health, hygiene and comfort of the dwelling. In this case, the tenant can hand over the lease within one month of receiving the notification. If the tenant chooses to stay, he or she may benefit from a reduced rental price for rooms that cannot be used due to repairs. The law has not been amended retroactively, it only applies to leases signed on the aforementioned date, unless both parties accept that an existing contract is governed by this new law. Short-term leases: short-term or seasonal leases (contracto de arrendamiento de temporada) require the tenant to be obliged to evacuate the property at the end of the contract. This type of contract is usually used for vacation rental and can last up to a year. Under the aforementioned Spanish law, leases are first subject to the agreement reached between the parties as long as they comply with the provisions of the Urban Tenancy Act.