paperwork requirments for renting a property

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24 Jul 2010 12:00 AM by chicadeb Star rating. 32 posts Send private message

Hi,

A couple want to rent my apartment for a year and have offered to pay me the whole year in advance (for a lower price, of course).  I find this hard to believe that it could be genuine.  Could it be a scam?  Also, what paperwork should I request to see if and when we go to sign at the Gestoria?  I was thinking about asking for a copy of their work contract and last 3 wage slips for both of them?  Any advice.  Many Thanks.





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24 Jul 2010 10:28 PM by Tumbit Star rating in Costa Blanca. 71 posts Send private message

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Trust your intuition - if it seems an offer that is too good to be true, it probobaly is ! - and Property law in Spain heavily favours the Tenant over and above the Landlord in almost every situation. The ' express eviction law ' that was hurried in at the end of '09 added a few legal rights to the side of the Landlord, but not that much ( http://www.tumbit.com/how-to-guides/articles/124-landlords-the-tenant-eviction-process.html ) and may not protect you if your potential tenant have something a little more sinister in mind.

 





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26 Jul 2010 7:19 PM by FibbyUK Star rating in UK, Surrey & Playa F.... 2349 posts Send private message

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 Hi chicadeb

I have heard that you should only ever do a rental agreement for 11 months at a time.

Any more than this and the tenant has more rights than you

I would check it out with a lawyer first.



_______________________

FibbyUK

One off fee to pay your own La Renta tax (210 Form)
Check out my website:

http://www.payingtaxesinspain210form.pwp.blueyonder.co.uk/

 




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26 Jul 2010 8:28 PM by Hammer100 Star rating in Camposol, Mazarron. 94 posts Send private message

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Doesnt matter if contract is 11 months, the tenant can still challenge and extend for upto 5 years.

Good advice from FibbyUK, get a lawyer. Met with our lawyer last week to discuss rental agreements we are having drafted for our business and was amazed at how little some agencies know about the law. I compared what our lawyer said against the contracts drafted by our management agency (when we used one in the past) and the contracts were obviously drafted by that bloke in the bar who knows nothing about everything.



_______________________

Dedicated Property Management - Mazarron http://www.mspvillaservices.com




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26 Jul 2010 8:31 PM by fpegman Star rating in San Miguel De Salina.... 441 posts Send private message

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This was the advice from Maria

Legal tip 171. 11 months can be a permanent rental contract
27 October 2009 @ 13:58

 

 


Yes, it sounds strange or wrong but it is not.


Let me clarify:          


Spanish Law protects specially those renters of a home and try to provide permanence to them as a family; that is why these for-home-reasons rental contracts are benefitted with the right of yearly legal extension if decided by the tenant for a period of 5+3 years.


And how do I know my contract is a seasonal or a home contract?


EASY: It needs to be mentioned or infered in the text of the contract.



 


 


You can sign a contract with a rental period of 11 or even  3 months and,  if you do not explicitly mention that is a SEASONAL contract,  once the time period expires, your tenant will inmediately have rights for the extension of the rental contract for a year more and, what is even worse... will have this right for  5 years + 3 years.


The only way to kick the persistent tenant out would be if  you or a descendant needs the house for living purposes, which will have to be proved by you.


On the other side, you can sign a contract for 2 years and being stated is a SEASONAL contract, once the 2 years period is over, the contract obligations are all over.


So..... do not just look to the numbers... look to the words ( SEASONAL vs HOME)


 

Under Spanish Law, what makes a contrat a seasonal or a permanent home contract is not the  time agreed  but the intention. There is a  widespread misconception about this as it is assumed that a  rental contract  with a time period under 12 months is a seasonal contract and therefore the tenant will not have legal rights to contract extensions up to a period of five + three years. IT IS WRONG.


 


_______________________

Fred

Overseas Property Company

fred@overseaspropertycompany.com

Real Estate sales - rentals and Lloyds insurance agency.




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27 Jul 2010 11:33 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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 And of course.... always submitt the contract to arbitration better than Courts. There are excellent, cheap products in the market for this submission and for the insurance of unpaid rents.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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