How much notice does a landlord need to give

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23 May 2019 13:34 by Artywax Star rating. 4 posts Send private message

Hi

I am looking for some information regarding how much notice my landlord needs to give me to leave the property.  I have been in the property just over 4 years, never missed a payment, I pay through an agent in spain who pays the landlord direct.  Can anyone let me know how much notice he needs to give me.  He has been a great landlord however he wants to use the property himself now.

Any help would be appreciated.





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23 May 2019 13:56 by Kavanagh Star rating in Oil Drum Lane Newcas.... 618 posts Send private message

Kavanagh´s avatar

Hello Artywax and welcome to EOS

Perhaps a bit of a long shot but have you thought of looking at your tenancy agreement?



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23 May 2019 16:01 by Mickyfinn Star rating in Spain and FRance. 1791 posts Send private message

The legal norm is two months and should be written in your contract. (if you have one)



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23 May 2019 17:09 by Artywax Star rating. 4 posts Send private message

I don't have a written contract only a verbal obe with a 3rd party mutual contact between myself and the owner.





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23 May 2019 17:13 by acer Star rating. 1278 posts Send private message

For me it's a bit cheeky pushing you out just when the peak season approaches.

I don't know if there is a standard in Spain, probably not.  In the UK there's lot's of lovely legislation, but the bottom line is that if you are into "rollover" (where the orignal 6 or 12 month lease has expired, without an extension being issued) the tenant has to give 1 calendar month, whereas the landlord gives 2 months.

So from what you say, it would be 2 months in the UK, this may be the same in Spain.  But I would pop into a local letting agent for confirmation. 

Personally if the lease was taken out in September 4 years ago and he's kicking you out in May I would be a bit miffed!  At the very least I would demand at least 2 months notice. 

You need to make a note of the date when you were advised by the landlord - this may become important in a few weeks.





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23 May 2019 17:30 by Artywax Star rating. 4 posts Send private message

He is not kicking me out quickly he has advised that he would like me to be out of the property by middle of August.  





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23 May 2019 18:03 by Jarvi Star rating in Halifax UK. 681 posts Send private message

If you have no written contract and only a verbal one through a 3rd party contact it seems to me that he is being fair. Rather than challenging it which may cost you dearly if you lose, if I were you I would look for somewhere else to live





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23 May 2019 18:06 by Kavanagh Star rating in Oil Drum Lane Newcas.... 618 posts Send private message

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There seems to be some confusion over the OPs situation. What’s UK rental laws got to do with Spain? They are two different countries and not bound by any EU laws that I am aware of.

A tenancy rental agreement is exactly that, it is not an ownership agreement. 



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ALWAYS BE POLITE & FRIENDLY. PLEASE AVOID ARGUMENTS & CONFRONTATIONS. PLEASE PM ME IF YOU HAVE AN ISSUE. Donate to save the children



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23 May 2019 18:49 by mariedav Star rating in Ciudad Quesada. 930 posts Send private message

If the landlord wishes to use the property for himself or for a close relative then he is obliged to give 2 months notice.

If he wishes to rent to someone else then the tenant (since April this year) is allowed to remain in the property for up to 5 years before the 2 months notice is given or a term as stipulated in the contract which must not be shorter than 2 months.

The Urban Lease Law (amended April 2019) in Spain refers. 

 

 





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23 May 2019 19:00 by Mickyfinn Star rating in Spain and FRance. 1791 posts Send private message

Without any legal contract, the situation is different. You are effective a sitting tenant. Please see a lawyer who has knowledge of the new rental laws. I suspect the owner has recognised he has a problem.



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23 May 2019 19:05 by Artywax Star rating. 4 posts Send private message

Thank you all for your advice it is her much appreciated. 





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24 May 2019 07:32 by acer Star rating. 1278 posts Send private message

Kavanagh, You ask "...What’s UK rental laws got to do with Spain?"... There is a strong tendency these days for most laws in countries in Europe to be based on EU regulations and directives. 

So they tend to have strong similarities and therefore the comment re UK law is relevant up to a point.





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27 May 2019 13:48 by CostaBlade Star rating in Riviera. 109 posts Send private message

The law in Spain is clear, it's three months notice from owner to renter and one months notice from renter to owner.

Applying the law is another matter - if you have children for instance a court would allow you stay fro a determined period, determined by the court that is!





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27 May 2019 16:42 by Kavanagh Star rating in Oil Drum Lane Newcas.... 618 posts Send private message

Kavanagh´s avatar

You may well be correct CostaBlade, but I am not sure how effective Spanish law would be when you arrive home and find your furniture in the street and the locks have been changed.



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ALWAYS BE POLITE & FRIENDLY. PLEASE AVOID ARGUMENTS & CONFRONTATIONS. PLEASE PM ME IF YOU HAVE AN ISSUE. Donate to save the children



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