clarification as to long term rentals
 

As some of you may know we dipped out toe last year into 'Javea' but due to let us say some difficulties between the translation of the UK agents and their interpretation of the Spanish contract into English and the owner's views we were 'exposed.' We have learned from that suffered the financial consequences and returned to France and to our home here.

Then again the availability of a medication was a problem but with some hard work we believe we can resolve that impasse.

However please what is the law in relation to a long term rental of 1) a furnished property and 2) an unfurnished property?

We have been allegedly offered an eleven month rental subject to renewal.

Simply put we want security and to find later a place to purchase and live but the agent says 'I will ask the owner' as to extension. We understand that if a buyer comes along then we are out on our ear. We wish to use our time in Javea and Spain wisely and to find a place where we really wish to live.

After eleven months then to be faced with 'expulsion' and the cost to us in a number of terms and our animals would be enormous.

In France it is three years for an initial contract and unless the owner wants it for his family then sorry but three years applies. In the UK the assured short hold tenancy is but for six months/

Would welcome your advice and indeed thoughts.

Re: clarification as to long term rentals
 

OK - it's really quite simple. An 11 month long-term contract is worthless.

(long-term) contracts must now be either 6 or 12 months renewable up to 3 years (automatically). That is, you do NOT have to pay the owner or agent any more money to renew.

The only way the owner can get the property back, if you don't want to leave, is if either you default on the bills or if he needs it back for his own use. In the latter case, he has to be able to prove this.

The fianza (security deposit) is normally one month for un-furnished and two months if furnished - some agents/owners will try for more.

There is no need to pay more than one months rent in advance.

The agent may charge a fee for finding the property or for setting the contract up - but the amount is negotiable.

The contract MUST be in Spanish and should detail who is responsible for what in terms of maintenance and should also make reference to the rental law - which it should NOT go against.

Best of luck this time.

Re: clarification as to long term rentals
 

just thought I'd mention that these are new rules from June 2013, so they've changed since Porth was last here - in case he was wondering

Re: clarification as to long term rentals
 

Thanks am so grateful. Have taken it up with the agents and they say 11 months so no chance we are going to take up this opportunity.

Re: clarification as to long term rentals
 

Hi Lynnxa just knew you would be kind enough to respond so again thanks.

We 'negotiated' if that is the word long distance from France and with agents in the main business area of Javea and near the banks.

This was in March 2013! Should have gone to Specsavers!

am grateful

Re: clarification as to long term rentals
 

if the contract states 'temporal' on it, or that it's not covered by the LAU then you'll have to leave after the 11 months - unless they decide to let you stay

if neither of those are there, or it states 'vivienda', then you're covered by the LAU & therefore the rules snikpoh outlined come into play - regardless of the duration stated on the contract


tbh there are so many properties here atm & enough agents offering proper vivienda contracts that I wouldn't personally play ball with a 'temporal'

Re: clarification as to long term rentals
 

I would like to say if you can't get the agent to agree to a 12 month contract then find another agent...

I asked about the current home I am in through an agent, I specifically mentioned I would like to stay for at least five years.. and mentioned that I have five dogs who live inside the house with me, and that I would probably be increasing my menagerie..(which I have, I now have an aviary, and a small flock of chickens) the agent asked the owner who said "no problem" to all my requests.. I did have to pay a month in advance and also had to pay the agent a months rent,, my landlord comes round on the first of every month (or thereabouts) and collects the rent... he gives me a receipt and I give him half a doz eggs... he is lovely and always comes round and has a look at the menagerie... mumbling... stupendo,,, muy bien... marvoloso... and goes away very happy... he also comes instantly if anything goes wrong either with the electric or water... I am probably one of the lucky ones, but life here on the little homestead is pretty darn good.. xx

Re: clarification as to long term rentals
 

That is what we are looking for. A long term rental pay our bills on the due date and have a relaxed life.

However agents and with respect to agents in Javea vary and whilst money makes the world go around if your mens rea immediately turns to what can I make out of this then we are all doomed.

We are spending September in Javea so if anyone can point us in the direction of an agent that can be relied upon then you have our pmail

Again our thanks

Re: clarification as to long term rentals
 

We have received this from a Javea agent who seemingly has now branched out from insurance to lettings.

Is this the law please?

Good afternoon,thanks for your recent enquiry.The two villas are rented furnished unfortunately.
Any contract entered into can be 11 months (classed as temporal) or 12 months which then if required can be renewed on a rolling basis.
Therefore 12 months would be classed as long term as you are stating that it would be your permanent residence for the duration.
However anything over 3 months could be classed as long term also but you don't have the safeguards of a 12 month term.
Hope this helps.

Very best regards

Re: clarification as to long term rentals
 

if the contract doesn't state temporal , then you do have the safeguards - that's all the law says

Re: clarification as to long term rentals
 

I would say that they have it partially correct but haven't taken into account this year's changes to the law.

An 11 month contract is OK if it states it is temporary - there are no assumptions based on duration.

A 12 month contract automatically rolls over unless you state otherwise. It is not something that has to be requested.

Long-term contracts can be 6 or 12 months - it used to only be 12 months.

There are no extra safeguards if it is 12 months - perhaps this should say 6 due to the recent changes.


ALL contracts should make reference to the appropriate law (LAU) anyway.

Re: clarification as to long term rentals
 

The information within this thread is fantastic and extremely useful to me and I suspect many others, thank you all for you input!!:thumbsup:

Re: clarification as to long term rentals
 

I too are very grateful.

Re: clarification as to long term rentals
 

Thanks very much everyone for this very informative thread. :goodpost::thumbsup:

Re: clarification as to long term rentals
 

As a matter of interest we have been offered and have walked away from three 11 month opportunities and with the agents let us say being rather well known in the Javea Moraira area

Hope the weather is better there for the next two weeks. Yesterday on top of this Welsh hill it was like November!