onmyway2022

Hi , thinking about if we wanted to let out a town apartment ( not as tourist acccommodation ) - not yet bought
Ive read quite a bit on the law from the web and understand that in principle the law LAU gives tenants some 'incredible' rights depdending on contract type

Short-term (Contrato de arrendamiento de temporada)
Long-term (Arriendo de vivienda)

Short Term / 'Seasonal lease' is useable when apartment will NOT be tenants permanent home eg Hotel staff working away from home for less than 12 months and possibly ( need to read more ) not be subject to the stricter Long term contract ( Arriendo de vivienda ) specifically giving tennant notice to leave , not having to give them first offer if we chose to sell apartment.

Are there any clean ways using Long-term (Arriendo de vivienda) to give us some security to rent out but know we will be able to sell without having to wait for tentants agreement to expire ( ....thinking about the 3 year auto extension rights after first year ) . Is the only way to have the tenants vacate via ( contract clause ) a notice before end of first year that we need apartment to actually live in FULL time?

Thanks in advance

Thanks for any help - I have the feeling Spanish rental law is so political/built in such a way due to nasty landlords in the past

PS looked on forum for input but stuff is older than 2019

tebo53

I am a long term renter and thankfully I have a really good landlord who has never bothered us since moving in to this apartment 6 years ago. I pay all my dues on time and in full. The rental laws are certainly on the side of the renter, thankfully.
If you want a renter to vacate the property it is not easy and don't forget, like myself, it is their permanent home and renters should not have that threat of being asked to vacate on a whim. If the landlord says he wants to have the property to live in himself or for a family member then that has to be fully proven. It's not an easy get out clause.

Steve

onmyway2022

Cheers for the reply Steve. I fully appreaciate the situations when the rented property is your permanent home.

DLC

When I rented, admittedly a couple of decades ago, the usual thing was to be offered 11 months contracts, renewable every 11 months (or not if the landlord changed their mind). I know there have been changes made to renting since then but I haven't kept up with them.

tebo53

The 11 month contract is no more and does not carry any legal weight any longer. Rental contracts can now be decided between the landlord and renter.

Steve

spainrico

Latest rental contract here

https://www.ocu.org/vivienda-y-energ...vivienda458474

When I was renting a few years ago the landlord claimed his son needed it - my abogado said we could fight it and delay but I was ready for a change so I vacated.

Conversely, a property I own I decided I wanted to sell and explained this to the tenant who agreed to move out - this was just before Brexit and the market stopped when it was announced. Having failed to sell it I advertised it for rent and was inundated with replies including the original tenant who moved back in.

Long-term rental is a good source of income as it is in €s and there are good tax allowances.

onmyway2022

thanks to all for additional replies.

I guess if a Long-term (Arriendo de vivienda) is used as property owner you can never be in a reliable position to sell ( even if tenant said they would not block it by moving out )

....so only route is to let to someone ( using Short-term Contrato de arrendamiento de temporada ) who is a seasonal worker WITH their own permanent residence else where?

tebo53

That would be a better and more permanent solution, however you can negotiate a set period contract between you as landlord and the prospective tenant.

Steve

Dxf

Hola

If I remember correctly, the long term rental laws were changed in 2012 and the short term (3 months or less) were changed in 2018 - I have been involved with the short term contract rentals only, and that was some time ago, but I remember that they must be registered with the town hall, must have drinking water on tap, and various other things, but this may be Andalucia only, not for the whole of Spain

Davexf

onmyway2022

Dxf Hi I think that was Andulucia ( who go tough on things due to tourist rentals/housing shortage etc ? )