Along several months 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.
Previous chapters:
Chapter one
Chapter two
13. Extension of Housing contracts
If the date of termination of the contract or any of its extension arrives, after a period of at least three years of duration of it, and no party has notified to the other at least thirty days prior to such date, his will of not to renew it , the contract will be necessarily extended for another year.
Once the rented contract has been registered, the right of extension and the one year extension referred to in the preceding paragraph, will be imposed in relation to good faith third parties due to the Publicity that Land Registry provides
The extended contract will be under legal and conventional regime it was in its origin.
14. Contract Withdrawal and agreement on compensation
The tenant will be allowed to withdraw the renting contract, once it has passed at least six months, provided that it informs the landlord with a minimum of thirty days.
The parties will be allowed to agree in the contract that, in case of withdrawal, the tenant has to indemnify the landlord with an amount equivalent to one month of the rent in force for each year of the contract that still remains until being terminated. The periods less than one year will lead to the proportional part of the compensation.
15. Withdrawal and expiry in case of marriage or living together of the tenant
If the tenant states his will of not to renew the contract or to withdraw from it, without the consent of the spouse who was living with such tenant, the renting will be allowed to continue for the benefit of the spouse.
For this purpose, the landlord may request the spouse of the tenant to state her will on the matter.
After doing the request, the renting will terminate if the spouse does not respond within fifteen days after it. The spouse will have to pay the remaining rent until the termination of the contract, if it had not been paid yet.
If the tenant left the apartment without express statement of withdrawal or non-renewal, the renting will be allowed to continue for the benefit of the spouse who was living with him provided that within one month of such abandoning, the landlord receives written notice of the spouse stating her will to be a tenant.
If the contract is extinguished for lack of notice, the spouse will have the obligation of paying the rent of that month.
The provisions of the preceding paragraphs will also have to be applied in favor of the person who had been living with the tenant permanently in a similar relationship to that of a spouse, regardless of the sexual orientation, for, at least, two years prior to withdrawal or abandoning, unless they have had children in common, in which case the mere coexistence will be enough.
A street in the centre of Chiclana de la Frontera, Cádiz, Costa de la Luz, South western Spain