brodev

I may be letting a house to a friend of a friend. This means no agents. What I don't have is a copy of a lease. Do I have to go to a lawer or does anybody know of a site where I can download a template? TIA

SueG

If you are letting the property in Spain I would suggest you use a Spanish Lawyer - we are renting a property here in Spain through English agents and the Tenancy Agreement is a load of rubbish according to the lawyers that I work with. I managed to get a couple of clauses changed but they have dug their heels in over other amendments. What they don't realise is that their contracts are most likely unenforceable because they don't conform to Spanish law. To make sure that you are covered under Spanish Law I really would have it drawn up by a Spanish Lawyers with an English translation running alongside but bear in mind the Spanish one is the one that counts in any dispute.

mikelincs

You really need to do it legally through a lawyer, covers both you and the leaser, we've done that, and are renting on an agreement drawn up by the lawyer and agreed by both sides. Saves problems in any dispute, argument, falling out with friends, and allows the lesee to register on the padron. You still don't have to go through an agent, but you are legally covered. No idea what it costs as we are the ones renting, however the forms are pretty much standard. You should also sign a form listing the items in the property you are renting, as this will cover you in any dispute. Remember, even friends fall out.

Bri and Katee

I have read somewhere that a tenant cannot be evicted at all from a property in Spain unless definate quit dates are written into the contract, miss the date without renewing and the tenant can stay forever.

Don't know if this is exactly true or not, but it is the gist of what I read, maybe even one of the doucments up in the beer topic.

mikelincs

Standard contracts usually allow for a six months let, with an option of a single renewal for 6 months. Further lets can be had, but they are new separate contract, this is to avoids problems of not being able to get rid of unsuitable people.

jdr

This is a legal reply to a contract question in Thesurinenglish, so be very careful as it can be for 5 years.

The Urban Rentals Law of 1994 legislation, if the parties agree that the term of the rental agreement is for a period of less than five years, as seems to be your case, upon the date of expiry of the contract, it will be automatically renewed for successive one-year periods for a minimum of five years, unless the tenant notifies the landlord of his intention not to renew the contract within a period of thirty days prior to the expiry of the contract. It is understood that the duration of a rental contract is one year if the term is not specified in the contract or is indeterminate. In your particular case, given that the term of the contract is for one year, you as tenant are entitled to annual renewals up to a minimum period of five years. However, the law provides an exception to automatic annual extensions in the event that the landlord, when entering into the rental agreement, includes a clause which expressly states his need to occupy the property within the next five years in order to use it as his own permanent and personal dwelling.

Bri and Katee

That's the paragraph I had read jdr, glad someone was able to post it and clear up what I meant.