House rental contracts

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20 Sep 2014 9:55 AM by casalinda Star rating in Las Alpujarras. 54 posts Send private message

Does anyone (ideally an existing landlord of a long term let) have a sample contract available or know the best place to get one? A friend has bought a little house to rent out but doesn't want to get caught out by unscrupulous tenants or strange laws...

And any good advice along the way...please don't say 'Don't!!!'





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22 Sep 2014 11:39 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

We can provide to you a sample rental contract but... it is always good to have a legal person taking a view on it.

Most recent rental Act:

http://www.eyeonspain.com/blogs/costaluz/11328/Legal-tip-1029-NEW-Spain-Rental-Act.aspx

Free guide on Rentals:

http://www.costaluzlawyers.es/wp-content/uploads/2013/07/rentals_free_guide.pdf

We are available for ALL QUESTIONS

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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23 Sep 2014 3:45 PM by eggcup Star rating. 567 posts Send private message

I don't let out houses in Spain but I understand that the key thing is to give an 11-month contract and not a 12-month one - something about the 12-month one being automatically renewable for a further 3 or 5 years... I'm sure someone on this site can tell you the current law. I'm not up-to-date on it.



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24 Sep 2014 9:34 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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Eggcup:

That is the most commun mistake among foreign landlords/tenants in regards to rentals in Spain. A 11 month contract being a HOME contract can get the benefit of automatic extensions under Spanish Law.

We explained this in our last EOS podcast ( click here to listen)

This post below also explains that: http://www.eyeonspain.com/blogs/costaluz/2467/legal-tip-171-11-months-can-be-a-permanent-rental-contract.aspx



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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24 Sep 2014 9:55 AM by eggcup Star rating. 567 posts Send private message

Thanks for correcting that Maria. That could save the person a lot of trouble. I don't have the time to listen to the podcast, but just for clarity what is the best term a landlord in Spain should use? 6 months? 3 months? I'm only asking out of interest as I would never do a long-term let in Spain. It's difficult enough in the UK but I think it is a dangerous mine-field in Spain, with the protection very much in favour of the tenant, even if they pay no rent for years and damage your property... I did hear that the law on this had improved and that faster evictions were now possible, but how can this be true when the court system is so clogged up? (don't know if you know that expression - thought I'd teach it to you if not - it means 'jammed up' (another good one), not moving, like a load of cars stuck on the motorway).



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24 Sep 2014 10:02 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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Well Eggcup, not for an easy defence of my country ;) but for your trust and tranquility, Courts are not paralized in Spain as sometimes press or public media can report. I assure.

In any case, in regards to rentals, our best advise has always been to hire an insurance for unpaid rents and related misfortunes ;) AND to submitt the contract to arbitration instead of Courts. There are good packages for this in the market.

Cheers

Maria

PS.- By the way, podcast questions can be listened to individually, you do not need to listed the whole recording if you do not need.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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