Tenancy Agreements Spain
For more information on the Spanish rental deposit system, including the management of a number of autonomous communities, click here www.idealista.com/en/news/property-rent-spain/2019/05/16/6722-rental-deposit-scheme-how-get-your-deposit-back It is also important to distinguish between short-term leases and long-term leases. These are automatically renewed each year, up to a maximum of five (if the owner is a natural person) or seven (if the owner is a corporation or corporation), so that a good tenant, who always pays the rent on time, can become a real problem if the landlord has to take possession of the property before the expiry of the legal period of five or seven years. The duration of the tenancy agreement can be freely agreed by both parties before the lease, but the tenant has the right to rent a property for a period of at least five years, the contract (Contrato de Arrendamiento) being renewed each year. If the tenant dies, the tenancy agreement can, in most cases, be taken care of by a spouse, partner or family member. There is a general misunderstanding that leases with a period of less than 12 months are short-term, whereas they are long-term for a period of more than one year. A tenancy agreement is considered short-term if the tenant does not intend to use the property as a habitual residence, but is necessary for temporary reasons (leave, participation in a course, temporary move to work, etc.). This means that depending on whether the property is the tenant`s usual residence or not, a judge for an 18-month lease is considered temporary, but one for an 11-month period is a long-term contract. The landlord must inform the tenant three months in advance to make repairs that affect the health, hygiene and comfort of the dwelling. In this case, the tenant can hand over the lease within one month of receiving the notification. If the tenant chooses to stay, he or she may benefit from a reduced rental price for rooms that cannot be used due to repairs.
After the expiry of the lease, the deposit can be sought and repaid, subject to all damages and losses that the lessor must prove. If, within three months of the tenant`s death, the lessor is not notified and the proof of death is presented in the form of a death certificate and is accompanied by the identity of the person who wishes to take over the tenancy agreement, the contract is terminated. Deposits in Spain should be held by a third party. This allows for mediation in the event of a dispute at the end of the lease. At the end of the lease, the owner may request that the property be returned to its current state. In the event that the tenancy agreement or contract does not set the duration of the tenancy agreement, a one-year period without infringing the tenant`s rights is implied for the extension to the entirety of five or seven years. If the deposit is not repaid by the administration within one month of the end of the lease, the result is legal interest that must be returned to the tenant.