20 Sep 2014 11:07 PM:

Yes but from my research the contract does not really matter unless it specifically states certain events. Such as the landlord will be taking procession of the property after the term. The contract is superceded by the law. If it is a general contract of even 2 months the law takes precedence. A verbal contract is also sufficient for the law to apply.

Thread: Landlord wants to sell

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20 Sep 2014 10:54 PM:

Just to make it clear. I am a landlord with years of experience. Multiple properties not in Spain.Both good and bad experiences. But I have to say generally good. 

I am a tenant here in Spain.

I posted this several weeks ago and for whatever reason never got email confirmation of replies to my post so never bothered checking it until I got a general email from 'eye on Spain' today

My main residence I rented in 2013 and did not hear from the landlord until I posted my OP. Rent paid through bank account. No problems. Dealt with minor maintainence issues myself. Have a terrace which has been fully furnished with plants furniture, canopy installed. Car space rented nearby. 24 month contract with Internet/cable tv.Router installed on terrace. Paddling pool installed. Trastero full with my rubbish! Year contract with pest company for control of insects. 

As can be seen not to easy to just leave with 3 months notice considering we had talked about 5 year plus term.

Landlord is an agent for owner and says owner wants to sell as she cannot afford her mortgage. 

That's why I asked for advice here but it is obviously a very pro landlord forum and the law does not seem to matter! Have done lots of research in the interim so am obviously more knowledgeable now!

The agent has not come back with a sale price.

Later when I was speaking with the agent I said I wanted to stay in accordance with the law and they said they would get back to me.

i have heard nothing since.

if they insist on vacant procession I will have to consult a solicitor to confirm my understanding of the law.

i will purchase if the price is competitive but there is a mortgage outstanding (according to agent) which will limit their ability to accept offers.

Thread: Landlord wants to sell

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20 Sep 2014 10:02 PM:

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.

Thread: Landlord wants to sell

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20 Sep 2014 8:44 PM:

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.

Thread: Landlord wants to sell

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20 Sep 2014 7:52 PM:

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.

Thread: Landlord wants to sell

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