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 FORGET ALL WORRIES WHEN RENTING IN SPAIN VI

 Habitability of the housing

When the execution in the rented housing of conservation works or works approved by a competent authority make it uninhabitable, the tenant will have the option to suspend the contract or to withdraw from it with no compensation.

The suspension of the contract will mean, until the end of the works, the stop of the term of the contract and the suspension of the obligation to pay rent.

 Breach of obligations

1. The breach by any of the parties of his obligations resulting from the contract will entitle the party who has fulfilled his to require the obligation or to take the necessary steps for the termination of the contract in accordance with Article 1124 of the Civil Code.

2. Besides, the landlord will be allowed to terminate the contract for the following reasons:

1. The non-payment of the rent or, in its case, of any of the amounts which payment the tenant had accepted or belongs to him.

2. The non-payment of the guarantee deposit or of its update.

3. The sub tenancy or the transfer without the required consent.

4. The execution of damages intentionally done in the property or of works without consent of the landlord when this is necessary.

5. When annoying, unhealthy, noxious, dangerous or illegal activities take place in the housing

f) When the housing is no longer set aside for satisfying mainly the permanent need of housing of the tenant or of the person who was occupying it effectively according to the provisions of Article 7.

3. In the same way, the tenant will be allowed to terminate the contract because of the following reasons:

1. The non-execution by the landlord of the repairs referred to in Article 21.

b) The disruption by fact or law done by the landlord in the use of the housing.

4. In case of renting of urban property registered in the Land Registry, if it had been stipulated in the contract that the renting will be terminated for non-payment of the rent and that in this case the property had to be returned immediately to the landlord, the termination will take place automatically once the landlord has requested the tenant by court or public notary at the address designated for that purpose in the registration, urging the payment or the fulfilment , and he had not replied to the request within ten working days, or he  replies  accepting the termination automatically , all of it by the same judge or notary who did the request.

The title provided to the register procedure, together with the copy of the request, from which it results the notification and which has not been answered by the request of payment or that has been answered accepting the resolution automatically, will be a sufficient title to get the cancellation of the renting in the Land Registry.

If there were later loads that fall on the renting, it will also be necessary for its cancellation to justify the irrefutable notification to the holders of them, in the address appearing in the Registry, and to prove the consignment in his favour before the same notary, of the guarantee deposit given by the tenant.

Termination of the renting

The renting will terminate, as well as by the other causes referred to in this Title, because of the following:

a) For the loss of the rented property for reason not attributable to the landlord.

b) For the firm statement of ruin agreed by the competent authority.

Previous chapters:

Chapter one

Chapter two

Chapter three

Chapter Four

Chapter Five

Frigiliana, Málaga, South eastern Spain