Tenants rights

Old May 15th 2017, 1:15 pm
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Default Tenants rights

Hi, this is my first post on here so i apologise if i make any mistakes. I am looking for advice regarding the rights of a tenant when your home is sold without any notice or prior warning that it was even for sale. We have lived in the property for 9 months, we signed an 11month contract and the other day we received an email from our agents saying that unfortunately the landlady has decided not to renew our contract and we were getting our two month notice to vacate the premises, no other information. My husband managed to get in contact with the landlady to ask what was going on as we have always paid our rent, as well as any utility bills, weve also decorated and modernised the place as well as bringing all the dead fruit trees and vines back to life. She eventually replied that she had sold it, which was obviously bad enough but who she sold it to was a major kick in the teeth, shes sold it to the previous tenants, the ones who showed us around as they were moving out, the ones who we told that we had had several problems in the past with landlords deciding to put the properties up for sale so we wanted somewhere we didnt have to move again. We have been in constant contact with these people since we moved in and they never said one word about even considering buying the place. They must have known about this for months but they still let us move in with our five year old son who has made this place his home, he loves it here, as do we. Anyway, that aside, what we need to know is exactly what rights we have, we have no money to move as we only moved here a short time ago, so most of our spare cash is being kept by the agent as the deposit which we obviously wont get back until we leave, we have four dogs and a cat so finding somewhere within two months is going to be really difficult. It clearly states in the contract that if the owner decides to sell then she is to notify us of any offer and make sure to give us first refusal to buy, which she hasnt done, the whole thing has just come completely out of the blue. I have not slept a wink since, i am absolutely worried sick that we are going to find ourselves homeless with our little boy. Its heartbreaking that they have done this to us, they must have known for months, they have seen us spruce the place up and make it a home then come in and take it away from us without a word. Any advice offered would be much appreciated as we just have no idea what we are going to do.
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Old May 15th 2017, 1:35 pm
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Default Re: Tenants rights

Originally Posted by Glitteringskies
Hi, this is my first post on here so i apologise if i make any mistakes. I am looking for advice regarding the rights of a tenant when your home is sold without any notice or prior warning that it was even for sale. We have lived in the property for 9 months, we signed an 11month contract and the other day we received an email from our agents saying that unfortunately the landlady has decided not to renew our contract and we were getting our two month notice to vacate the premises, no other information. My husband managed to get in contact with the landlady to ask what was going on as we have always paid our rent, as well as any utility bills, weve also decorated and modernised the place as well as bringing all the dead fruit trees and vines back to life. She eventually replied that she had sold it, which was obviously bad enough but who she sold it to was a major kick in the teeth, shes sold it to the previous tenants, the ones who showed us around as they were moving out, the ones who we told that we had had several problems in the past with landlords deciding to put the properties up for sale so we wanted somewhere we didnt have to move again. We have been in constant contact with these people since we moved in and they never said one word about even considering buying the place. They must have known about this for months but they still let us move in with our five year old son who has made this place his home, he loves it here, as do we. Anyway, that aside, what we need to know is exactly what rights we have, we have no money to move as we only moved here a short time ago, so most of our spare cash is being kept by the agent as the deposit which we obviously wont get back until we leave, we have four dogs and a cat so finding somewhere within two months is going to be really difficult. It clearly states in the contract that if the owner decides to sell then she is to notify us of any offer and make sure to give us first refusal to buy, which she hasnt done, the whole thing has just come completely out of the blue. I have not slept a wink since, i am absolutely worried sick that we are going to find ourselves homeless with our little boy. Its heartbreaking that they have done this to us, they must have known for months, they have seen us spruce the place up and make it a home then come in and take it away from us without a word. Any advice offered would be much appreciated as we just have no idea what we are going to do.
Sorry to hear but this might be of importance:


The terms of an RFR can range from vague and non-binding to very specific and very binding. An RFR can easily mean different things to different parties, so it’s essential that both know precisely what each means by an RFR when it’s first being discussed.
One type of RFR is essentially an option to buy the property before it’s sold to any other buyer. The seller and holder/buyer may or may not agree at the time the RFR is negotiated to bind themselves to a specific price and other terms. The option may or may not end at some specific date in the future. The seller is not obligated to sell if price and terms have not been established when the RFR was set up.
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Old May 15th 2017, 2:16 pm
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Default Re: Tenants rights

Originally Posted by Glitteringskies
Hi, this is my first post on here so i apologise if i make any mistakes. Any advice offered would be much appreciated as we just have no idea what we are going to do.
Hi and a warm welcome to the Spanish forum on BE. Myself and Fred James are the moderators for the Spanish forums whilst BEVS moderates Europe. Moderators are there to ensure that the site runs smoothly within the rules of BE. This is so that members gain the information that they are looking for and find their experiences on the forums to be friendly and worthwhile.

Problems and complaints should always be addressed to a moderator who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are usually friendly and helpful with a wealth of knowledge about the issues of living in Spain. I hope that you enjoy your time participating in the forums.

Please let me know if you need any further help.

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Old May 15th 2017, 2:30 pm
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Default Re: Tenants rights

Originally Posted by Glitteringskies
Hi, this is my first post on here so i apologise if i make any mistakes. I am looking for advice regarding the rights of a tenant when your home is sold without any notice or prior warning that it was even for sale. We have lived in the property for 9 months, we signed an 11month contract and the other day we received an email from our agents saying that unfortunately the landlady has decided not to renew our contract and we were getting our two month notice to vacate the premises, no other information. My husband managed to get in contact with the landlady to ask what was going on as we have always paid our rent, as well as any utility bills, weve also decorated and modernised the place as well as bringing all the dead fruit trees and vines back to life. She eventually replied that she had sold it, which was obviously bad enough but who she sold it to was a major kick in the teeth, shes sold it to the previous tenants, the ones who showed us around as they were moving out, the ones who we told that we had had several problems in the past with landlords deciding to put the properties up for sale so we wanted somewhere we didnt have to move again. We have been in constant contact with these people since we moved in and they never said one word about even considering buying the place. They must have known about this for months but they still let us move in with our five year old son who has made this place his home, he loves it here, as do we. Anyway, that aside, what we need to know is exactly what rights we have, we have no money to move as we only moved here a short time ago, so most of our spare cash is being kept by the agent as the deposit which we obviously wont get back until we leave, we have four dogs and a cat so finding somewhere within two months is going to be really difficult. It clearly states in the contract that if the owner decides to sell then she is to notify us of any offer and make sure to give us first refusal to buy, which she hasnt done, the whole thing has just come completely out of the blue. I have not slept a wink since, i am absolutely worried sick that we are going to find ourselves homeless with our little boy. Its heartbreaking that they have done this to us, they must have known for months, they have seen us spruce the place up and make it a home then come in and take it away from us without a word. Any advice offered would be much appreciated as we just have no idea what we are going to do.
Look carefully at your contract, it probably has the following phrase included :
salvo que la PARTE ARRENDATARIA manifieste a la PARTE ARRENDADORA con un mes de antelación, como mínimo, a la fecha de terminación del Contrato o de cualquiera de sus prórrogas, su voluntad de no renovarlo.

Basically a notice period which can be as little as one month , this is what the Landlady will be relying upon to justify the notice evn though you know it is for another reason.

You should also check and see if in the contract there is a clause which includes the phrase " renuncie al derecho de adquisición preferente ", meaning when you signed you agreed you were not interested in buying the apartment.

Unfortuantely it will be very difficult to do anything.
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Old May 15th 2017, 3:50 pm
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Default Re: Tenants rights

Oh dear - 11 month contracts again!

Does the contract mention the LAU (rental law in Spain)?

The law is that the owner MUST offer it to the tenants (you) first - unless it was sold before you moved in of course!

The LAU states that the owner can ONLY take it back for one of two reasons (1) you broke the contract or (2) if they need it for their OWN use.

In this case it would seem that neither of these are true - sit tight and keep paying the rent.

The agent should NOT be keeping any deposit (fianza).


The alternative is to stop paying and to use the fianza as rent until you can find somewhere else to live.

Whos's name are the utilities (electric, water etc.) in?
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Old May 15th 2017, 5:44 pm
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Default Re: Tenants rights

Where exactly are you?

Town, not full postal address....
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Old May 15th 2017, 6:00 pm
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Default Re: Tenants rights

Originally Posted by Glitteringskies
Hi, this is my first post on here so i apologise if i make any mistakes. I am looking for advice regarding the rights of a tenant when your home is sold without any notice or prior warning that it was even for sale. We have lived in the property for 9 months, we signed an 11month contract and the other day we received an email from our agents saying that unfortunately the landlady has decided not to renew our contract and we were getting our two month notice to vacate the premises, no other information. My husband managed to get in contact with the landlady to ask what was going on as we have always paid our rent, as well as any utility bills, weve also decorated and modernised the place as well as bringing all the dead fruit trees and vines back to life. She eventually replied that she had sold it, which was obviously bad enough but who she sold it to was a major kick in the teeth, shes sold it to the previous tenants, the ones who showed us around as they were moving out, the ones who we told that we had had several problems in the past with landlords deciding to put the properties up for sale so we wanted somewhere we didnt have to move again. We have been in constant contact with these people since we moved in and they never said one word about even considering buying the place. They must have known about this for months but they still let us move in with our five year old son who has made this place his home, he loves it here, as do we. Anyway, that aside, what we need to know is exactly what rights we have, we have no money to move as we only moved here a short time ago, so most of our spare cash is being kept by the agent as the deposit which we obviously wont get back until we leave, we have four dogs and a cat so finding somewhere within two months is going to be really difficult. It clearly states in the contract that if the owner decides to sell then she is to notify us of any offer and make sure to give us first refusal to buy, which she hasnt done, the whole thing has just come completely out of the blue. I have not slept a wink since, i am absolutely worried sick that we are going to find ourselves homeless with our little boy. Its heartbreaking that they have done this to us, they must have known for months, they have seen us spruce the place up and make it a home then come in and take it away from us without a word. Any advice offered would be much appreciated as we just have no idea what we are going to do.
Been researching a bit on the web :

Something else that is worth checking - has the rental contract been registered (Registro de la Propiedad ) - if so that changes the situation as the sale will come afterwards and the new owner will be obliged to keep the existing tenancy . This was a change made in the law in 2013 in order to offer some protection to long term tenants.

Ignore the 11 month part of the contract it is one of the great myths of the housing market . The law today only recognises the reason for the rental , put simply long term residential or short term holiday type. For a long term residential ( alquiler de residencia habitual ) let the contract should renew automatically for up to three years.

Sorry about the more pessimistic post earlier - definitely worth your while checking it all out with some good legal advice
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Old May 16th 2017, 6:12 am
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Default Re: Tenants rights

Originally Posted by Loafing Along
Been researching a bit on the web :

Something else that is worth checking - has the rental contract been registered (Registro de la Propiedad ) - if so that changes the situation as the sale will come afterwards and the new owner will be obliged to keep the existing tenancy . This was a change made in the law in 2013 in order to offer some protection to long term tenants.

Ignore the 11 month part of the contract it is one of the great myths of the housing market . The law today only recognises the reason for the rental , put simply long term residential or short term holiday type. For a long term residential ( alquiler de residencia habitual ) let the contract should renew automatically for up to three years.

Sorry about the more pessimistic post earlier - definitely worth your while checking it all out with some good legal advice

It doesn't actually matter if it's registered or not. If it's a legal contract then the LAU applies.
  • Must offer to tenant first
  • Tennt can stay in property (can NOT be simply kicked out even after sale)
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Old Nov 27th 2017, 8:28 am
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Default Re: Tenants rights

Hi all, does Spain have a tenants rights organization where advice and lawyers are provided?
In Ireland there's 'Threshold.ie' but I dont seem to find an equivalent here.
Failing that, anyone recommend a good lawyer in Barcelona (would it be a property lawyer?)??
Gracias
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Old Nov 27th 2017, 11:58 am
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Default Re: Tenants rights

Originally Posted by Garble
Hi all, does Spain have a tenants rights organization where advice and lawyers are provided?
In Ireland there's 'Threshold.ie' but I dont seem to find an equivalent here.
Failing that, anyone recommend a good lawyer in Barcelona (would it be a property lawyer?)??
Gracias
Try https://www.citizensadvice.org.es/ They have a pretty good team.

As an aside, you can make it very difficult for your landlord.....
"No an owner cannot evict without using a legal route. Below are a list of things a landlord can and cannot do. This advice is in relation to long term rentals and habitual residence. It is advisable for both landlord and tenant to register the rental at the ‘registro de propiedad’ to uphold their rights. For the tenant it would offer protection in case the property is sold as the new owner would be obliged to honour the existing rental agreement. If the rental contract is not registered at the ´registro de propiedad´ the new owner can terminate it, giving 3 months notice.

For the landlord
“In the case of leases of urban property registered in the Land Registry, if it had been stipulated in the contract that the contract will be resolved for lack of payment of the rent and that in that case the property must be immediately returned to the landlord. This once the landlord has notified the tenant at the address designated for the purpose in the inscription, requesting payment or compliance, and the tenant has not answered the request within ten following business days, or responds by accepting the resolution of Full Right, all through the same judge or notary who made the request¨.

Landlord Cannot:
1. Enter the property.
2. Change the locks.
3. Threaten the tenants.
4. Cut off the water or electricity.
5. Force eviction.

Landlord can:
On non payment of rent for 30 days (It is of benefit for the landlord to have registered the rental).
1. Write notice to tenants to vacate the property for breaking the contract.
2. Seek legal advice immediately.
3. Follow the instructions above if the rental is registered at the land registry or follow advice of lawyer.
4. Obtain an eviction order which must be served on the tenant.
"

HTH

Last edited by bolton wanderer; Nov 27th 2017 at 12:02 pm.
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Old Nov 27th 2017, 7:29 pm
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Default Re: Tenants rights

.... what is the definition of "long term rentals and habitual residence"?

Note:
.... We have lived in the property for 9 months, we signed an 11month contract ....
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Old Nov 27th 2017, 8:30 pm
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Default Re: Tenants rights

I found this reference:
Explanation:

"Vivienda habitual" is used in Spanish as a distinction to "vivienda vacacional". The reason that this particular distinction is made in Spanish is that there are different types of contract, the holiday let can only be for a maximum of 11 months and the lease agreement is for a minimum of 3 years, extendable to 5. For the latter, the landlord is not able to give the tenant notice within these 3 years. If the lease agreement is terminated, it must be on the tenant's behest within the first 3 years.
It is therefore not necessary in English to explain that it is the property of habitual use because the alternative to a property lease agreement is a holiday let/rental.
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Old Nov 28th 2017, 6:42 am
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Default Re: Tenants rights

Originally Posted by rspltd
I found this reference:
Explanation:

"Vivienda habitual" is used in Spanish as a distinction to "vivienda vacacional". The reason that this particular distinction is made in Spanish is that there are different types of contract, the holiday let can only be for a maximum of 11 months and the lease agreement is for a minimum of 3 years, extendable to 5. For the latter, the landlord is not able to give the tenant notice within these 3 years. If the lease agreement is terminated, it must be on the tenant's behest within the first 3 years.
It is therefore not necessary in English to explain that it is the property of habitual use because the alternative to a property lease agreement is a holiday let/rental.
I think you might be a little out-of-date. A long-term let can be for any period (from 1 month upwards) extendable for up to 3 years and then a further year by agreement. The 5 year rule was abolished ages ago (2013?).

A short-term, temporary contract can be for any length provided the contract states 'temporary' (but is usually less than 12 months).
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