House Leasing in Spain


  Thus, the current Urban Leases Act applies to the following types of leases:
 

 

a)    Permanent house leases: sumptuary and non sumptuary houses.

 

b)   For use different from housing, such as:

       - Seasonal lease.

       - Lease for commercial, professional,  rafts, leisure, assistance, cultural  or teaching purposes.

       - In general, leases whose main purpose is different from housing.

 

The following leases are not regulated by the Urban Leases Act

 

  - Houses of doormen and other

        workers   

      - Military houses.

  - University houses (for students and  university staff).

  - Leasing of property for agricultural, livestock or forest purposes.

 

Types of house leases together with warehouse rooms, garages, furniture and all types of accessories or complements, which will be used permanently by the tenant and the persons who live with him/her:

 

a)    Sumptuary houses: those houses       whose surface is over 300 square       meters and in which the initial rent exceeds 5.5 times the Spanish annual minimum wage. Legal system: the conditions of these leases are freely agreed between landlord and tenant. In case of not reaching an agreement, they will be governed by Title II of the Law that applies to all houses, subject to the Civil Code.

 

Our next article will explain the basic aspects of the leasing system that applies to the majority of houses and premises. b) Non sumptuary houses: those houses whose surface is below 300 square meters and in which the initial rent does not exceed 5.5 times the Spanish annual minimum wage. Most houses are included within this type.

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The renting of non sumptuary houses is regulated as follows: the length of the initial tenancy can be freely agreed by the landlord and the tenant; however, there is a minimum guarantee period of five years. Any tenancy agreement for less than five years will be obligatory extended on a yearly basis and up to five years, if so required by the tenant. However, no extension will be possible if the terms of the tenancy make provision for it to be ended on the grounds that the landlord requires the property to live in.

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The initial rent will be freely agreed by the parties and the deposit will be equivalent to one-month rent. Additional guarantees other than the cash deposit can also be agreed. An inventory of the property furniture, fixtures and effects will be incorporated to the contract as annex. The tenant can terminate the tenancy by giving one-month notice before the end of the agreed tenancy period or any of its extensions.

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If after at least five years, none of the contracting parties notify their intention of not renewing the contract within one-month notice of the tenancy termination, the tenancy agreement will be obligatory extended on a yearly basis up to three more years.

 

During the initial tenancy or any of its extensions, the tenant cannot leave the house. Otherwise, the tenant will indemnify the landlord for any prejudice caused, unless otherwise agreed.

 

If the tenant does not renew the contract, terminates it or leaves the property without his or her spouse’s consent, the latter will take on the tenancy. This will not modify the length of the tenancy.

 

If the tenant obtains a marriage nullity, separation or divorce, his or her spouse will be entitled to remain in the rented house, if so agreed by the matrimonial settlement or judgement. This will not modify the length of the tenancy.

 

At the tenant’s death, the following persons are entitled to succeed to the tenancy: his or her spouse or any other person having enjoyed a similar relationship to the spouse's and who has been permanently living with the tenant, descendants, ascendants, siblings and other relatives up to the third collateral degree with a disability similar or over 65%. Cohabitation with the tenant is required (normally two years). This will not modify the length of the tenancy.

 

The rent will be reviewed as follows:

 

a)  During the first five years of the tenancy, the rent will be reviewed on a yearly basis and will be subject to the fluctuation of the consumer price index.

Repairs

a)  The landlord is responsible for carrying out any repairs which may be deemed necessary to keep the property in adequate conditions, except:

·  When deterioration is attributable to the tenant.

·   When damages result in the rented house destruction for reasons non attributable to the landlord.

·  The tenant will accept that maintenance or improvement works that cannot be postponed till the termination of the contract are carried out by the landlord, even when he/she might then be deprived of the occupancy of a part of the house.

If as a result of the works the house becomes inhabitable, the tenant can opt for a resolution or extinction of the contract, and no compensation will be required.

 

b)   The tenant is responsible for carrying out any small repairs required by the property’s wear and tear. The tenant will not carry out any works that modify the structure of the rented property or its fixtures or that affect the property’s stability or safety. However, if the tenant, the tenant’s wife or husband, or any relative who lives with him or her is disabled, the tenant can carry out improvements on the property to adequate it to their needs.

 

 

Tenant’s right to buy the property

 

 

If the landlord does not make this offer and the property is sold or the information provided on the property is false, the tenant will then have 60 days to have the sale annulled and buy the property for the price declared in the sales documents.

 

 

 


The tenant’s rights to buy the property or to annul its sale are preferential, except for the co-owner’s right to buy or any conventional right already recorded in the Registry of Properties.

 

If the property and its rented fixtures are sold jointly, the rights to buy and annul the sale will be applied to the whole of the property, including fixtures.

 

When registering the property in the Registry of Properties, a proof that the notice of sale has been given to the tenant will be required, under penalty of misrepresentation of facts in a public record. Both preferential rights of the tenant will not apply when the property is sold jointly with the rest of the owner’s flats or premises in the same block of apartments or when there are different owners but the whole block is sold to a same buyer.

 

 Kind Regards

Gonzalo Blanco

C/Reina 21 Xativa. VALENCIA
C/Diana 14 , Dénia. ALICANTE
Telephone: 96 6420719
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http://www.lawyerblanco.com

 

© Gonzalo Blanco 2006

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