Tenants rights in spain, renting a property in spain, the law and your rights, stay in spain, visit spain
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Property in Spain - Tenants rights when you let a property

Foreigners renting property in Spain are often unaware of their rights, for example if you are renting an apartment on a 2 year, residential contract (a vivienda), and the landlord says at the end of the contract period that you must vacate, you can apply to the court for an extension to your contract for up to five years.

If the landlord sells the property during the life of your contract, you, the tenant have the right to first refusal. If the landlord does not make this offer and the property is sold, you have the right to have the sale annulled and buy the property yourself for the price declared in the sales documents.

 

It is for these reasons that a landlord in Spain will want a tenant out of the property before he decides to buy, and a buyer will very rarely be interested if there is a tenant in the property. If such a buyer can be found then the tenant has the right for his rental contract to be continued by the new owner.

 

These laws do not apply to a short-term rental, ie for a month's holiday. These short-term lets are called 'temporada' contracts and cannot be extended.

 

There is no set legal limit as to when a short-term let becomes long-term, however 12 months seems to be the accepted norm. This must be examined in the wording of any contract. Because vivienda tenants acquire more rights than temporada, it is often written in a contract that the terms, regardless of the length, are by means of a temporada contract.

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A law passed in 1995 also enables a landlord to take a security deposit with a rental contract, to offset against any damages. This is one month's rent for a house and 2 month's rent for a property for any other use. The deposit is called a fianza and should be lodged with an independent, third party such as an agent. It is often common practice for the landlord to hold the deposit himself but be aware that this gives him full control.
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