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landlady wants to seell my apartment

landlady wants to seell my apartment

Old Dec 2nd 2020, 8:20 am
  #1  
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Default landlady wants to seell my apartment

i moved to catalonia 3 years ago and into my current apartment. rent paid promptly every month through an agency. renewed my contract 2 months ago for a further 3 years, with a slight increase in rent.
was advised yesterday that my landlady was considering selling the apartment and was offered option to buy. i have no interest in buying.
what rights do i have to stay if she does sell.
i do not particularly want to move as i am happy with what i have.
thanks
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Old Dec 2nd 2020, 8:46 am
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Default Re: landlady wants to seell my apartment

Originally Posted by llorgerona View Post
i moved to catalonia 3 years ago and into my current apartment. rent paid promptly every month through an agency. renewed my contract 2 months ago for a further 3 years, with a slight increase in rent.
was advised yesterday that my landlady was considering selling the apartment and was offered option to buy. i have no interest in buying.
what rights do i have to stay if she does sell.
i do not particularly want to move as i am happy with what i have.
thanks
The new buyer must respect your rental agreement.
  1. In the event of a sale, the tenant must leave with one-months’ notice. Well, I’m afraid not after the new change in rental laws in 2019. Any buyer of the property you are renting must respect the whole duration of the lease agreement until it ends. You cannot be legally compelled to leave ahead of the termination of your contract.

https://www.idealista.com/en/news/pr...aw-and-creates
  • The right of the landlord to recover the property and terminate the contract in advance – such as if they need it for their own residence, their children's or spouse's, or if family circumstances change – must be expressly included in the contract.
  • The buyer of a property that is currently being rented must respect the lease contract, whether it is registered in the Land Registry or not.
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Old Dec 2nd 2020, 12:24 pm
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Default Re: landlady wants to seell my apartment

Totally agree with Moses IF the contract you have signed is valid (ie written to conform with the latest law) the only reason you can be asked to leave is for the landlord or immediate family to occupy. (Or if you violate certain conditions etc)

However living in the real world - they invoke this clause and then later sell - the law says you have the right to reoccupy if they put it on the market within a certain period but I think the reality is all too much hassle and you have moved out anyway so they end up getting away with it.

I was renting (in Alicante) a couple of years ago and the owner said he wanted it back for his son - my abogado said we could delay and tie them up in court for ages but I decided what was the point (all too stressful and expensive) so I moved out.
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Old Dec 2nd 2020, 12:44 pm
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Default Re: landlady wants to seell my apartment

Originally Posted by spainrico View Post
Totally agree with Moses IF the contract you have signed is valid (ie written to conform with the latest law) the only reason you can be asked to leave is for the landlord or immediate family to occupy. (Or if you violate certain conditions etc)

However living in the real world - they invoke this clause and then later sell - the law says you have the right to reoccupy if they put it on the market within a certain period but I think the reality is all too much hassle and you have moved out anyway so they end up getting away with it.

I was renting (in Alicante) a couple of years ago and the owner said he wanted it back for his son - my abogado said we could delay and tie them up in court for ages but I decided what was the point (all too stressful and expensive) so I moved out.
Agree and the law is one thing but reality is different. There might be other reasons why the landlady wants to sell (Covid) and she did inform you. It's better to just come to an agreement that works for both sides, rather than fighting it. Just because it's on the market doesn't mean it will sell straight away, so I'm sure the landlady doesn't want to lose money either.
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Old Dec 2nd 2020, 1:51 pm
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Default Re: landlady wants to seell my apartment

Originally Posted by llorgerona View Post
i moved to catalonia 3 years ago and into my current apartment. rent paid promptly every month through an agency. renewed my contract 2 months ago for a further 3 years, with a slight increase in rent.
was advised yesterday that my landlady was considering selling the apartment and was offered option to buy. i have no interest in buying.
what rights do i have to stay if she does sell.
i do not particularly want to move as i am happy with what i have.
thanks

As said above - legally you can remain.

BUT, why only 3 years? The law states 5 years. You can stay for up to 5 years from the date of renewal if you wish. If she sells, then it's with you as a sitting tenant and the new owner can NOT evict you either.
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Old Dec 2nd 2020, 4:12 pm
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Default Re: landlady wants to seell my apartment

many thanks all. it confirms what i believed
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