Spanish rental contract for permanent residence disguised as seasonal

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30 Aug 2018 16:31 by ringding Star rating. 4 posts Send private message

We have been in Spain now for nearly 2 years renting the same property. We pay our rent on time, have a good relationship with our landlord and have used our own money to redecorate the house inside and out.

However, the agent is an absolute ****. Very rude and barely ever in because he is always playing golf. this means every month it takes several visits to pay the rent.

We are just about to sign our third contract but this time I am questioning why the agent insists on an 11 month CONTRATO DE ARRENDAMIENTO DE VIVENDA DE TEMPORADA stating that the property is SEASONAL (PART FURNISHED) when all parties concerned know this is rubbish.

We did sign the original contracts but I have proof by email and photographs etc that the agent knows the house is unfurnished anyway.

Having done some reading and speaking to Spanish and English friends, it seems they do this style of contract everywhere in Spain with the intention of the tenant waving goodbye to his rights. However, I also read that if the property is proven to be used a permanent place of residence (eg we are registered at the Ayuntamiento, our kids go to school here and the wife is registered as Autononomo and has been for almost 2 years) that the contract would be questioned in court.

What would the recommended course of action be to now ask for a proper contract? Or are we just stuck with this style of contract even though we have been here permanently in the house for 2 years?

We pay our rent in cash every month. Every rent receipt is just from a basic chinese shop receipt book with the title RECIBO. Not officially stamped, with company details or anything. They are legal agents but do we have a right to demand proper facturas for rental paid?


This message was last edited by ringding on 30/08/2018.



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30 Aug 2018 17:30 by johnzx Star rating in Spain. 5239 posts Send private message

RingDing

I believe at one time, or at least it was understood, that a contract of less than 12 months was a temporary rental those easier to get the tenant out.

However, under current law, if a person has made the property his permanent home, kids going to school, internet, telephone etc.  installed,   then by law it is treated by the law as one’s permanent home and thus short term rules do not apply.

Re the receipts. Even my gestor uses a shop bought receipt book so income does not automatically get declared.   A very common practice.    In your case probably an ‘illegal’ rental.

In your position I would try to get the landlord /agent to accept payment by D/D into their account.





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30 Aug 2018 18:02 by paulsimkiss Star rating in Thailand & Spain. 58 posts Send private message

paulsimkiss´s avatar

Hello Ring a Ding.

I would think the landlord is fully aware of what contract the agent is using and probably on his instructions, so don’t think Rigsby is your best mate.

As John says there are laws in Spain but enforcing them is like platting fog.



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31 Aug 2018 13:37 by ringding Star rating. 4 posts Send private message

Quoting "by law it is treated by the law as one’s permanent home", then is offering the seasonal contract knowing the tenants position not abusing the law?

But I suppose at any time they could kick us out if we don't comply with whatever contract they offer.

Not that it ever would but I suppose that if ever they wanted us out and it went to court the court would ignore the contract perhaps as we can prove it is our family home and that the agent and the landord are completely aware of how it is being used.
 





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31 Aug 2018 16:00 by Kavanagh Star rating in Oil Drum Lane Newcas.... 920 posts Send private message

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Ringding

It is clear you are dealing with a pair of rouges, perhaps it’s time to look for somewhere else. Or you could go to the agents office and use the HO­JAS DE RE­CLAMA­CIONES (CUS­TOMER COM­PLAINT FORMS) the problem will be resolved immediately. Contact johnzx

Your choice



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There is enough in the world for everyone, but not enough for the greedy!



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04 Sep 2018 18:19 by mariadecastro Star rating in Algeciras (Cadiz). 9288 posts Send private message

Legal Questions? Speak to Maria Direct

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

You can check there differences between Home rental and Holiday rentals. Legal, obligatory contract extensions exist for home rentals and not for holiday/seasonal rental.

Nevertheless and despite the title of the contract, you can claim on your extension rights if you prove that the contract was actually a home rental



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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05 Sep 2018 08:44 by ringding Star rating. 4 posts Send private message

Thank you for the reply Marie.

I wish I could just tell the rental company that the contract is not worth the paper it is written on as I have been in the property for 2 years and can prove they know it is a permanent residence (I have email conversations) and that I know they are just doing this to avoid the law. I really don't want to sign the new one out of principle to be honest as I feel I am giving up my tenants rights.

Also, should they also give me proper facturas for each rental payment or is a basic recibo with no official company stamp OK?

 

 


This message was last edited by ringding on 05/09/2018.



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05 Sep 2018 09:24 by johnzx Star rating in Spain. 5239 posts Send private message

Ringding, as I posted and Maria has confirmed, in law you are a long term tenant  no matter what the contract says.  You are not surrendering any rights if you sign. If want to continue renting the property just sign, ignore the type of receipts you are given and get on with your life

regards john 





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05 Sep 2018 09:28 by mariadecastro Star rating in Algeciras (Cadiz). 9288 posts Send private message

Legal Questions? Speak to Maria Direct

Ringding:

If you have pieces of evidence to sustain that is a rental contract, you can request them to sign a contract according to reality and law.

The fact that he is not giving invoices to you is a proof of the fact that he is renting the property as a home as there is no need for invoices in that case. Seasonal rentals or rentals different to home rentals are subject to VAT that he has to pay quarterly. That can also be a pressing tool for your request

 

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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05 Sep 2018 10:15 by ringding Star rating. 4 posts Send private message

Perfect answer. Many thanks, very helpful





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05 Sep 2018 12:20 by mariadecastro Star rating in Algeciras (Cadiz). 9288 posts Send private message

Legal Questions? Speak to Maria Direct

A pleasure

M



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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