11 months can be a permanent rental contract

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27 Oct 2009 12:00 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

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.


 

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.


 

 


 

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)


 


 

Spanish autumn harvest by Slow Spain at Flickr.com


 

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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29 Oct 2009 4:30 PM by fpegman Star rating in San Miguel De Salina.... 441 posts Send private message

fpegman´s avatar

Hi Maria

If the contract is worded as so:

CONTRACTO DE ARRENDAMIENTO DE FINCA URBANA, POR TEMPORADA ( Usdistinto del de vivienda )

CONTRACT OF TEMPORARY PROPERTY RENTAL ( AS DISTINCTIVE FROM PERMAENT DWELINGS ) would the contract be taken as a seasonal one as it would be for a period of 11 months defined in the wording of the contract.

Thanks

Fred

 



_______________________

Fred

Overseas Property Company

fred@overseaspropertycompany.com

Real Estate sales - rentals and Lloyds insurance agency.




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29 Oct 2009 5:11 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Yes, therefore, there is no rights  to extensions for 5 +3 years in that contract.

Hope this clarifies!

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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29 Oct 2009 7:20 PM by fpegman Star rating in San Miguel De Salina.... 441 posts Send private message

fpegman´s avatar

Thanks Maria



_______________________

Fred

Overseas Property Company

fred@overseaspropertycompany.com

Real Estate sales - rentals and Lloyds insurance agency.




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