Landlord wants to sell

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20 Sep 2014 10:27 PM by baz1946 Star rating. 2327 posts Send private message

With your first post you made it sound like as you were just a tenant in a rented house on the verge of your rental contract ending and not knowing your legal rights as to being able to stay or go,  so you ask for advice on here, then as the replies came back you started to give the impression that you knew the legal rights of being a tenant, because you were both a landlord and tenant, and no body on here knew anything except you.

So just why did you ask for advice on here if you do in fact know the laws as you have quoted, or did you just come on here with some made up question about renting just to see what the response and answer's back would be so you could then pick the replies to pieces.

If indeed if you are what you say you are, a landlord of four properties, you don't need any advice, you know all the answers....Well you should do.

 

 

 





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20 Sep 2014 10:54 PM by Jsd1004 Star rating. 10 posts Send private message

Just to make it clear. I am a landlord with years of experience. Multiple properties not in Spain.Both good and bad experiences. But I have to say generally good. 

I am a tenant here in Spain.

I posted this several weeks ago and for whatever reason never got email confirmation of replies to my post so never bothered checking it until I got a general email from 'eye on Spain' today

My main residence I rented in 2013 and did not hear from the landlord until I posted my OP. Rent paid through bank account. No problems. Dealt with minor maintainence issues myself. Have a terrace which has been fully furnished with plants furniture, canopy installed. Car space rented nearby. 24 month contract with Internet/cable tv.Router installed on terrace. Paddling pool installed. Trastero full with my rubbish! Year contract with pest company for control of insects. 

As can be seen not to easy to just leave with 3 months notice considering we had talked about 5 year plus term.

Landlord is an agent for owner and says owner wants to sell as she cannot afford her mortgage. 

That's why I asked for advice here but it is obviously a very pro landlord forum and the law does not seem to matter! Have done lots of research in the interim so am obviously more knowledgeable now!

The agent has not come back with a sale price.

Later when I was speaking with the agent I said I wanted to stay in accordance with the law and they said they would get back to me.

i have heard nothing since.

if they insist on vacant procession I will have to consult a solicitor to confirm my understanding of the law.

i will purchase if the price is competitive but there is a mortgage outstanding (according to agent) which will limit their ability to accept offers.





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20 Sep 2014 10:57 PM by Team GB Star rating. 1245 posts Send private message

Team GB´s avatar

Everyone seems to have forgotten the contract!! It's a legally binding document on both sides, signed by both parties! There will be clauses regarding the time frame, notice periods etc.It is of course governed by Spanish law.

If its not (corta or larga temporada it will be subjet to Ley de Arrendamiento Urbano (LAU 29/1994 - Revised in 2013) Google it.

I'm hoping that the owner is Spanish as they are fully aware of any possible loop holes and generally have them covered

Edited to say

Post crossed with the latest from JSD

If the agent is negligent in his use of the correct contract (ie not representing his clients wishes) he could be in big trouble. I also believe that a contract drawn under LAU 29/1994 needs to be registered with the authorities - to check amongst other things that the owner is paying tax etc. If the contract is not registered I don't think you have a leg to stand on


This message was last edited by Team GB on 20/09/2014.

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20 Sep 2014 11:07 PM by Jsd1004 Star rating. 10 posts Send private message

Yes but from my research the contract does not really matter unless it specifically states certain events. Such as the landlord will be taking procession of the property after the term. The contract is superceded by the law. If it is a general contract of even 2 months the law takes precedence. A verbal contract is also sufficient for the law to apply.





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20 Sep 2014 11:09 PM by Kathyslad Star rating. 329 posts Send private message

TeamGB is spot on. It's pretty straightforward. Unless the lease was registered at the Land Registry then there is security of tenure for upto 3 years, providing the terms of the contract aren't breached. If it was registered then you have to vacate within 3 months . This assumes that the contract started in December 2013. 

 

 





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DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


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