05 Sep 2018 10:15 AM:

Perfect answer. Many thanks, very helpful

Thread: Spanish rental contract for permanent residence disguised as seasonal

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05 Sep 2018 8:44 AM:

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.
Thread: Spanish rental contract for permanent residence disguised as seasonal

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31 Aug 2018 1:37 PM:

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.
 

Thread: Spanish rental contract for permanent residence disguised as seasonal

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30 Aug 2018 4:31 PM:

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.
Thread: Spanish rental contract for permanent residence disguised as seasonal

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