11 month rental contract

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22 Mar 2013 8:15 AM by vivian789 Star rating. 2 posts Send private message

I am coming to the end of the rental term on the apartment I live in.  Will this contract simply roll over and convert into a 5 year tenancy?  This is my permanent and only residence even though the contract says differently.  If it rolls over, will I then be able to give one month's notice at any time during the next 5 years whereas the landlord will not be able to do so?





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22 Mar 2013 8:40 AM by johnzx Star rating in Spain. 5242 posts Send private message

I cannot specially answer your question, but bear in mind many ‘contracts’ are not registered and thus,  I would think,  they are not worth the paper …..





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22 Mar 2013 9:53 AM by eggcup Star rating. 567 posts Send private message

I do remember an owner once telling me that her tenants had the right to stay in her house for five years, in a similar situation and she could not get them out.  So, you may be able to trap the landlord in this way into what is a very unfair system (maybe someone knows if the law on this has changed).  How can it be right that a tenant is free to move with one month's notice and a landlord cannot get them out for five years, even if their mortgage goes up massively and/or they're desperate to sell for other reasons?  The law in the UK is one month notice to be given by tenants; two months by the landlord.  Is someone going to say that this is just as good or fair or even better in Spain?



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22 Mar 2013 11:58 AM by johnzx Star rating in Spain. 5242 posts Send private message

Eggcup

 

At least I started my post with   'I cannot specially answer your question'





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22 Mar 2013 2:29 PM by eggcup Star rating. 567 posts Send private message

What do you want John?  A medal.  I made it clear that I did not know if the law had changed; that indicates that I do not purport to have any expertise on this.  I then gave my opinion, which I think is allowed.



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22 Mar 2013 2:48 PM by johnzx Star rating in Spain. 5242 posts Send private message

Calm down dear !

 

It was that I did not think your post would be of much help to Vivian who asked the question :

I am coming to the end of the rental term on the apartment I live in.  Will this contract simply roll over and convert into a 5 year tenancy?  This is my permanent and only residence even though the contract says differently.  If it rolls over, will I then be able to give one month's notice at any time during the next 5 years whereas the landlord will not be able to do so?





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22 Mar 2013 3:13 PM by eggcup Star rating. 567 posts Send private message

Cut out the sexist admonitions.



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22 Mar 2013 3:57 PM by johnzx Star rating in Spain. 5242 posts Send private message

Why is it that only a woman could construe that anyone was being sexist by saying that ?
 
Ironically, this morning on another forum In UK on a thread headed ‘More Filipino women finish college than men’
 
I posted this:_
 
 "In the UK and in Spain (and other places too) women have more incentive than men to achieve. For a woman to be ‘equal’ in society, she has to be better than her male equivalent.

In Spain, when I call say the telephone or electricity utility, if a man answers I usually hang up and try again. That way I usually get a woman who actually knows how to deal with the problem.

Sad but true"
 
 
Eggcup,  I don’t think that marks me out as sexist, but you will probably know differently !





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22 Mar 2013 4:13 PM by eggcup Star rating. 567 posts Send private message

Yes, I do know differently.  I know you wouldn't say to a man: 'Calm down dear.'  It's an attempt to belittle by using a sexist and possibly ageist term.  But don't worry; some of the women will probably rush to your defence soon (the ones on this Forum who like to agree with everything men say, in an attempt to make themselves attractive to the opposite sex).  That won't make what I say any the less accurate.  I do think it's a shame when an attempt is made to win an argument by using sexist language. The 'calm down' bit is also rather Freudian, implying that the woman has become hysterical.  Although it's not exclusively used against women, its use towards women is probably disproportionate and used when a woman has shown no sign at all of any hysteria or excitement.  A man would probably have had to use far more extreme language to be the recipient of it as an admonition.   

As a related point, I find that it's generally frowned upon to use racist or homophobic terminology, rightly, but that there is still far too much tolerance and use  of sexist terms.  Not that the use of 'dear' is an extreme term and I don't really want to have a go at you in particular John, as far more offensive language has been used against me on this Forum. 



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22 Mar 2013 4:22 PM by johnzx Star rating in Spain. 5242 posts Send private message

Sorry Eggcup but you ( as a person) really do have a problem

 

I'm done here





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22 Mar 2013 4:25 PM by eggcup Star rating. 567 posts Send private message

Does that mean I get the last word?  I'm not used to that.



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22 Mar 2013 5:06 PM by maddiemack Star rating in Grantham, Lincolnshi.... 194 posts Send private message

 I opened this thread because, as someone who doesn't know anything about rental laws in Spain, I was hoping to find out more. Hence, I was very interested to read your comments, eggcup.  Many times on this site (and others) questions are asked and lots of people write about their knowledge, experiences, observations and opionions in connection with the original question/statement.  That is what makes this forum worth reading....  



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22 Mar 2013 5:22 PM by eggcup Star rating. 567 posts Send private message

Thanks Maddie.  There does seem to be a dearth of knowledge on this Forum about the rental issues in Spain, i.e. real-life experiences from which others could learn.  As you know, I have started a Landlord Blog on this site, based on many mistakes we have made as landlords in the UK, and it would be so great if someone could do the same based on rental experiences in Spain.  It seems to me that the nightmares experienced in Spain are far worse than those in the UK and that this is largely due to the terrible delays in the legal system and the associated costs.  It's clear that it's because of this, that many people are (rightly) too scared to let out their houses on a long-term basis.  I definitely read something over a year ago, regarding how there was going to be a law which would make it easier to get bad tenants out quickly, but it seems like that is just a theoretical improvement; as if the delays in the courts run to one or two years, there's no way of getting around it.  It seems to me like a real shambles. 

If no-one is in a position to start a blog on this subject, it would still be very interesting and useful if someone who has direct experience of this could start a thread and then others with experience could jump in.  I'd be really interested in reading about it.  All the best.



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22 Mar 2013 5:41 PM by johnzx Star rating in Spain. 5242 posts Send private message

 
Vivian,
                          Despite some views that there is a dearth of info on the Forum, which may be true, that cannot be said for the internet, where I got more than a million results  when I Googled   “rental contracts in Spain”
 
This is just one small part of one result:- 
 
 Eleven month contracts are short-term and watertight.
 
Erm, I’m afraid not. This single blunder is responsible of many legal problems at a later date. What qualifies a rent as either short or long-term is not the fact that it’s labelled one way or the other.
 
What matters really is that the tenant and his family are not using the property as their main residence and this must be expressly built and worded into the Tenancy agreement so it’s truly a short-term tenancy.
 
Tenants can successfully challenge at court short-term 11-month contracts morphing them into long-term ones (5 years). During the next 5 years you will be unable to recover possession of the property whilst the tenant pays being forced to rent it out.
 
The new Express Eviction Law has now amended this and allows landlords to introduce clauses that waive the statutory long-term requirement of 5 years i.e. a clause whereby it is stipulated that the property will be needed for the landlord’s own use or for that of his family.
 
However, if after 3 months’ time the landlord -or his family-has not taken possession of the property, he will be forced to re-install his ex-tenant and award him a suitable compensation to offset the expenses of the move.
 
 





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