Landlord wants to sell

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10 Sep 2014 17:28 by Jsd1004 Star rating. 10 posts Send private message

I have a 12 month contract that is up on the 1st Dec. I have just received a call from the landlord stating he wishes to sell and will be ending the contract in December. I want to stay or possibly purchase the apartment. Rent is up to date and there is no issue. Any advice?





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10 Sep 2014 17:59 by Team GB Star rating. 1245 posts Send private message

Team GB´s avatar

Is it a 11month contract or for a full year? If the contract is called 'Larga temporada' this is normally from six to 11 months and didn't use to be renewable unless both parties agreed

If the contract is for 12 months you may llegaly be able to stay longer and be given first option to buy - new laws came in last year! best to ask a lawyer, Maria (lawyer who posts on EOS) may see this and answer



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10 Sep 2014 20:40 by eggcup Star rating. 567 posts Send private message

I'm wondering what's so special about this apartment. I'm also wondering about your negotiating position on the price if you're really keen. Also: I'd think the landlord would bite your hand off if he/she is really selling and the price was right. What I wouldn't do is try and somehow force the landlord to sell to you by trying to find technical and legal loopholes. The person rented you an apartment for a year, it's their apartment and they're giving you plenty of notice; I think it would be mean and bad-spirited to try and catch them out (I don't know if you would be into trying that). 



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20 Sep 2014 08:34 by Jsd1004 Star rating. 10 posts Send private message

There is no mention of 'larga temporada' on the contract. It is a full year contract. When I rented the apartment it was for long term. The previous tenant had been there 5 years according to the owner. 

Eggcup: I'm not sure what you mean. It is now my apartment and I treat it as such. As a property owner myself I understand the implication of renting your property. I have put considerable time and effort into decorating the property and it would be a serious inconvenience to move. If anything they are trying to catch me out by assuming I do not know my rights. (Which I fully don't)

i cannot find a definite answer so any help would be appreciated.

 





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20 Sep 2014 10:09 by Tadd1966 Star rating in Los Montesinos. 1755 posts Send private message

Ask your landlord what his selling price is then make an offer.

If the price is too high or you do not wish to buy or you cannot agree a price with him then accept the notice period and move on.

You could offer to stay until sold. He may get a sale with a "sitting" tenant etc

Either way be nice no need to involve legalities etc

You may have done a lot of effort on the property to make it your "own" but the fact is teh proeprty is not yours and any decoration may not be to anyone elses taste etc

 



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20 Sep 2014 10:30 by acer Star rating. 1365 posts Send private message

In the UK the standard lease for domestric property is an AST (Assured Shorthold Tenancy) and the landlord has to give 2 months notice before the expiry of the tenancy if he/she is not goiing offer renewal.  I mention this as very often the Spanish seem to have similar arrangements.

I have heard that in Spain they sometimes include a clause that can give the tenant a potentially useful benefit - an option to purchase the property during the lease period at a pre-determined agreed figure, with a portion of the rent paid being offset against the purchase price.  Whilst it is highly unlikely that this applies in your current lease you may want to keep this in mind if you negotiate.

But as Tad1966 and others have said you really don't want to get legal unless you really have to - with the way things are in Spain you'll probably lose anyway.  A meeting with a good exchange of what you are both after is far more likely to bring a happy ending.





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20 Sep 2014 13:33 by Jsd1004 Star rating. 10 posts Send private message

Basically I have intention of moving unless I legally have to. There is nothing 'nice' about a business transaction. I have offered to buy but they have not come back with a price. Thet gave me a rough figure but as usual it is way over the market rate and they will not sell it at that price for several years if ever. They should be 'nice' to me as I am the sitting tenant who is not in breach of contract.

I have a second property also rented here with basically the same terms through a separate spanish landlord. He said if he ever needed to sell he would refund me ALL the rent paid and we agreed on it and noted it in the contract.

I am not really interested in people's opinions. If anyone can advise on the law in general regarding long term contracts I would appreciate it.

in my home country you cannot break a long term lease even if you want to sell. The property must be sold with a sitting tenant if there is one and their rights respected.





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20 Sep 2014 14:03 by xetog Star rating in Wiltshire/holiday ap.... 514 posts Send private message

If you don't want peoples opinions on this forum, take the contract to a lawyer and get an expert opinion on your particular contract. That way you will know if you have a "legal" right to stay in the property after you have been given notice to leave.

You are not in your home country, so what would happen there is of little relevance in Spain.





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20 Sep 2014 14:30 by Jsd1004 Star rating. 10 posts Send private message

From doing some research it appears that the law is very pro tenant in Spain. Even if someone breaks a contract (stops paying rent) it is quite difficult to remove them. Takes anything up to a year. So as I have not broken the contract I guess it is up to them to consult a lawyer should they need to vacate me come end of contract. From my research it appears that after the contract ends the tenant is entitled to an automatic extension for 3 years which I will seek.





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20 Sep 2014 14:57 by Tadd1966 Star rating in Los Montesinos. 1755 posts Send private message

JSD1004

Basically I have intention of moving unless I legally have to.

 

Sorry but I think this sort of position is disgraceful and the type of bad tennant that the world could do without - a 12 month contract does not give you the rights you seem to want. You should be completely ashamed of yourself

For me the landlord has let you his property and this is how you repay him - shockingfrown

The landlord may have good reason to sell - if I were in his position I would do everything ** EDITED - Against forum rules **  to simply get you out.

 

Sorry to harsh but selfishnes, whinge, whinge, and me, me, me, me, me ,me, me, me, me, me, me, me, me; me, me etc comes to mind especially when there are so many vacant propeties available

 


This message was last edited by eos_moderators on 20/09/2014 15:23:00.

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20 Sep 2014 15:15 by Jsd1004 Star rating. 10 posts Send private message

Well your position is somewhat disgraceful. The law is on my side not the landlords. It is people like you who give landlords a bad name. If you decide in your free will to rent a property and enter a contract you have to abide by that contract and the laws of the land. I will be reporting your post for advocating criminal activity.

(as a landlord of multiple properties myself I find that attitude shocking)





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20 Sep 2014 16:10 by casperruby Star rating. 165 posts Send private message

Ha ha ha I've just read this post from start to finnish jsd1004 why did you ask the question as you obviously do not want any answere you just want to rant and be rude to members who have taken the time and trouble to look for solutions to your problem,  but I dont think you have a problem ** EDITED - Against forum rules **What a rude person

 


This message was last edited by eos_moderators on 20/09/2014 23:03:00.



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20 Sep 2014 16:26 by acer Star rating. 1365 posts Send private message

Jsd1004, why did you make your post if you already knew the answer?

You seem to be wasting everyone's time, in an unpleasant manner too.





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20 Sep 2014 17:14 by Tadd1966 Star rating in Los Montesinos. 1755 posts Send private message

Jsd1004

Well your position is somewhat disgraceful. The law is on my side not the landlords. It is people like you who give landlords a bad name. If you decide in your free will to rent a property and enter a contract you have to abide by that contract and the laws of the land. I will be reporting your post for advocating criminal activity.

(as a landlord of multiple properties myself I find that attitude shocking)

A couple of points

1. Your 12 month contract will be up and the landlord has given you adequate notice - get over it

2. If you own multiple properties why are you renting? I truly hope one (or all) of your tenants becomes as self centered, awkward and ridiculous as you so you can understand how an honest landlord feels and you woudl desreve all the grief that it comes with

3. As my post has been edited for the comment by the moderators fair enough but it is exactly what I would do if needed. remember I did not advocate criminal activity only suggested what I would do if I were in the landlords position but as I am not I cannot do it ** EDITED - Inciting **

4. If you have spent money on a rental that is for 12 months then silly you and if I were the landord I would insist you put everything back the way the property was when you moved in at your expense (just to be as awkward as you are being)

You posted and asked for help and yet you claim to know everything so why ask!!!!!!!!!!!!!

** EDITED - Inciting **

 

** EDITED - Inciting **

 


This message was last edited by eos_moderators on 20/09/2014 23:01:00.

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20 Sep 2014 18:36 by eggcup Star rating. 567 posts Send private message

Yes, Tadd, this jsd has some very bizarre ideas.

If I rented a £20,000 car for a week for £200 it wouldn't be mine at the end of the week.

When someone buys and rents out a property they take multiple risks. Their investment may go down in value, the house may burn down and they need to pay annual insurance for this, as well as face maintenance expenses. If they have a mortgage they may find themselves paying really high interest rates at some point. If they want to move area or country they may be unable to as they may be tied to looking after the property. If they then let the property out they may rent to a tenant from hell who believes that because they pay a few hundred a month the property now belongs to them. The home owner and landlord face many responsibliities; when you are a tenant all you need to do is pay your rent and look after the property, but many tenants won't even do this. They like to wield all of the power with none of the responsibility. Well, that power is very short-lived as the owner will get you out. You will be humiliatingly kicked out onto the street with the self-knowledge that you are no good.

We have had many tenants like this over the years and lost thousands and faced dreadful stress. But I comfort myself with the fact that these lowest of the low never amount to anything. They get kicked out owing us money and usually have to go to an inferior place to live. Who knows? By the end they'll probably end up in the gutter. That's karma.

 


This message was last edited by eggcup on 20/09/2014.

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20 Sep 2014 19:52 by Jsd1004 Star rating. 10 posts Send private message

Very very strange opinions. If the law stated you were entitled to renew the lease at the end of the week for 3 years then that is the law. It does not matter what you might emotionally think about the car. I lease property and understand that the person leasing it as has much right to enjoy the property to the extent the law allows. I would suggest you never rent a property out in Spain or indeed most of Europe if you think you can randomly remove a tenant at a whim.





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20 Sep 2014 20:14 by Tadd1966 Star rating in Los Montesinos. 1755 posts Send private message

Jsd1004

** EDITED - Against forum rules **

If your 12 month contract ends in December then I think 3 months notice of a sale is more than acceptable and reasonable and I think you will find the law agrees with this.

You will be removed at some point - that can be guaranteed and if you choose to stay then you simply have no respect for anyone. Have you ever considerd the landlord may be in diffciulty - probably not because you are a selfish me me

Once again why ask on a forum if you know the answers and your legal rights.

What a waste of space and rude person you really are, I am so pleased you are not a friend (or tenant) of mine

 

 


This message was last edited by eos_moderators on 20/09/2014 23:06:00.

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20 Sep 2014 20:44 by Jsd1004 Star rating. 10 posts Send private message

Ok..

Things are getting emotional here so we will cut to the facts as I understand them for either a landlord or a tenant. Please note I am both. Feel free to correct me as I am not a solicitor. I have tried to find a specific answer to what is the situation if the landlord wants to sell but the tenant is in no way breach of contract and wants to continue their residence.

A long term contract is one where temporary is not implied specifically in the contract.

This gives the tenant security of tenure for the duration of the contract with the option to extend by up to 3 years.

At the end of the 3 year extension with sufficient notice the landlord only has the right to end the lease then.

If he offers the property for sale he has to offer it first to the sitting tenant. If he does not the tenant has to option to have the sale annulled and to buy it at the agreed price.

If the landlord is in financial trouble and the property is repossessed the tenant has a right to remain in the property.

That is the law as I understand it. (Sorry Tadd I think you are wrong and please refrain from personal insults. I am a landlord myself with 4 properties and do everything within the laws of my home country)

note: there is lots of information on removing disruptive or non paying tenants but very little on removing a model tenant.





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20 Sep 2014 21:35 by Tadd1966 Star rating in Los Montesinos. 1755 posts Send private message

As a landord you should know the rules, laws what is reasonable and what is expected

12 months contract expires in Dec

The landlord wants to sell - he has given you 3 months notice - accept , be nice and move on

In Spain the 11 month rental does not count as you say you have a 12 month contract which does give tenants some rights but are NOT as defintive as you seem to think

However you seem to forget the rule in most countries what every judge will take into account "what would be reasonably accepable to a reasonable person irresepctive of what the actual law states"

You are not being abused, thrown out on to the street or threatened and you have been given fair and reasonable notice of a sale etc.

You have been offered the chance to buy but you do not accept the price - your problem

You are being unreasonable and selfish - you will be evicted, legally, long before 3 years for sure

 

This is becoming silly and to be honest I think you are simply talking absolute rubbish

 

 



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20 Sep 2014 22:02 by Jsd1004 Star rating. 10 posts Send private message

With all due respect Tadd you are the one talking rubbish. The law is there for a reason. I will tend to abide by the law not what you or indeed me think is reasonable. If you think it is reasonable to drive at 105 in a 100 a judge might side with you but you are still technically breaking the law. I am not breaking the law. You cannot be punished for not breaking  any law. A judge MAY side with you if he thinks you reasonably broke the law.





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