El blog de Maria

Along several posts, we are  walking through Spain Rental Law in simple words….

Are you walking with us?

We are explaining applicable rules for the renting of urban properties intended for housing or uses other than housing.

 ( See chapter one, or first seven questions here)

8. Are Housing Rental Rules mandatory?

Yes, they are, for the protection of the need of permanent home of this type of tenants. This implies that any stipulations that modify in detriment of the tenant or subtenant the rules of the Urban Rental Act´s Title on Rental of Housing are void, and will be considered as not existent.

9. What is the tenant is absent but family remains?

In that case, protection of housing rental applies. Meaning  family:  non-separated spouse and dependent children.

10. Should I register these rights anywhere?

Yes, as a tenant and for your rights to have full effect before any third party, it is necessary that you record these rights at the Land Registry.

11. What if I want to transfer or partially sublet my rights as a housing tenant?

In both cases ( transferring or  partial subletting), you need the written consent of the landlord.

Rules and timeframes applying to the main contract will apply to derived  one unless they are not used as housing. In this case, parties agreement will apply.

Tenants cannot make money through this so rent will be as maximum equal to theirs.

12. What are legal timeframes for this Housing Rentals?

There is no established minimum timeframe. Parties decide.

If these were less than three years, when the expiration deadline of the contract arrives, this will be obligatorily extended for annual periods until the lease reaches a minimum duration of three years. Exception to this rule: if the tenant expresses to the landlord, with a minimum of thirty days before the date of termination of the contract or any of the extensions, his will of not to renew it.

The term will start the date of the contract or when the property is available to the tenant if it were later. It will be the tenant's duty to prove the date of the availability.

If Renting duration has not been stipulated or it is indefinite, deadline will be considered as of  one year, without prejudice to the right of annual extension for the tenant, in the terms of the previous section.

There will be no mandatory extension of the contract if, after the first year of duration, the landlord notifies the tenant he needs the rented housing to use it for permanent housing for himself or his relatives in the first degree of consanguinity or because of adoption or for his spouse in the event of a judgment of separation, divorce or annulment.

This notice must be given to the tenant at least two months before the date on which the housing is going to be needed and the tenant will have to deliver the rented property within that period if the parties do not reach a different agreement.

Housed needs to be occupied by the owner and/or relatives within 3 months after  termination of the contract. If this does not happen, the tenant will be allowed to choose, within thirty days, between (1)  Being restored to the use and enjoyment of the rented property for a new  period of until three years with same contract conditions as he had before  and  compensation of, or (2) Being  compensated by an amount equivalent to one month for each year remaining until completing  three, except that the occupation had not taken place due to force majeure.

To be continued  soon...

Sorvilán, Granada, South east of Spain