Dangers of long term rental

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This topic contains 8 replies, has 6 voices, and was last updated by Profile photo of DrRobert DrRobert 8 years, 1 month ago.

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  • #54416
    Profile photo of Anonymous
    Anonymous
    Participant

    I am about to allow somebody to live in my villa for a further 12 monhs on a long term contract.

    Can anybody advise if there is a law which allows occupiers to claim squatters rights after they have lived in a property as tenants.

    I have been told that after 11 months they can claim squatters rights and not pay or move out and the Spanish law allows it. Can anybody help as I am very worried.
    Also is there a good site who could help with a contract
    many thanks

  • #87039
    Profile photo of Fuengi (Andrew)
    Fuengi (Andrew)
    Participant

    @bobcoe wrote:

    I am about to allow somebody to live in my villa for a further 12 monhs on a long term contract.

    Can anybody advise if there is a law which allows occupiers to claim squatters rights after they have lived in a property as tenants.

    I have been told that after 11 months they can claim squatters rights and not pay or move out and the Spanish law allows it. Can anybody help as I am very worried.
    Also is there a good site who could help with a contract
    many thanks

    things to know

    if you make improvements to the property you are entitled to increase the annual rent on the basis of the legal interest rate, incremented by three points, applied to the total investment, less any public subsidies. But the rent increase cannot exceed 20% of the rent.

    You, the landlord has the right to only one month’s rent as deposit (fianza). During the five years minimum duration of the tenancy contract, a landlord is not allowed to update the deposit amount.

    Landlords and tenants can write any contract duration into the contract, but this is overriden by the tenant’s right to annually extend for five years any ‘long-term’ contract (Contrata de Vivienda), that is any contract over a year. THis will not be valid if you expressly state in the contract his will to recover the dwelling for personal residence at a given date.

    The tenant is entitled to put an end to the contract before the five years period, by giving notice at least thirty days prior to the termination of the contract.

    If neither the landlord nor the tenant serves a notice to terminate the contract one month before it ends, the contract is renewed by yearly terms up to a maximum of three years.

    The tenant may put an end to the contract, giving notice one month before the end of any of these annual periods.

    If the landlord and tenant initially agree for a contract lasting more than five years, the tenant has the right to discontinue the agreement, by giving notice two months in advance after a minimum five years.

    A landlord can evict a tent and regain his property on several grounds, including failure to pay the rent (but courts have often ruled that these arrears must exceed six months before any action can be taken), damage done to the property, use of the property for immoral purposes, subletting without permission from the owner, and causing a serious nuisance to the neighbors. In any of these cases, a court order must be obtained against the tenant and many months could pass before he is evicted.

    hope this helps.

  • #87045
    Profile photo of katy
    katy
    Spectator

    Rent to the Spanish and it is difficult to get them out even when they don’t pay. (Xenaphobic Judges?) Taking action is costly too. Contracts are/were? available to buy in Estancos.

  • #87046
    Profile photo of Fuengi (Andrew)
    Fuengi (Andrew)
    Participant

    @katy wrote:

    Rent to the Spanish and it is difficult to get them out even when they don’t pay. (Xenaphobic Judges?) Taking action is costly too. Contracts are/were? available to buy in Estancos.

    not necessarily.

    Request the the tenant has an aval bancaria.

    Also worh while getting a rent guarantee and legal expense guarantee. Depending on the company anything from 300 to 1000 euros. One of cost that you renew yearly.

  • #87050
    Profile photo of Anonymous
    Anonymous
    Participant

    Get a reputable laywer to draft any agreement.

    Don’t use the standard shop bought agreements and also do not use the standard estate agent agreements – the majority I have seen are riddled with errors and poorly updated etc

  • #87053
    Profile photo of Anonymous
    Anonymous
    Participant

    My Spanish Wife’s brother in-law rented his apartment to a Spaniard. He stopped paying after the first month. It took over 2 years to evict him and during that time they continued to pay all the service charges water/electricity etc since legally they are not entitled to cut the supply.

    Their view now is that they will never rent an apartment again.

    I would imagine if you are not Spanish, even though you may speak excellent Spanish, then you will be at a further disadvantage. Since the system will no doubt consider you a rich foreigner. You can afford it!

  • #87055
    Profile photo of katy
    katy
    Spectator

    JP1 I totally agree. I know lots of horror stories. One friend did a six month let, they only paid two months and took most of the furniture with them when they left! Least problematic are two week lets….if you can get them. Even then there are breakages, disappearing towels, sheets etc. An agent let my Daughter’s place to 6 UK youths, they trashed the place.

  • #87057
    Profile photo of Anonymous
    Anonymous
    Participant

    if you got to rent which may be the case then at least take every step possible to vet your tenants – seek references – ask for a independent guarantee etc

    That’s why you need to get a good solicitor involved.

  • #87118
    Profile photo of DrRobert
    DrRobert
    Participant

    And presumably make sure that you make contracts less than a year? What’s wrong with a six month contract that could be renewed?

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