cloghy chica

Can anyone give me advice on what happens if you break a rental agreement in Spain. I know in the UK there is an financial penalty if you fail to complete the full term of your contract .

Bob

You posted in the welcome part of the forum, so I've moved your thread into the Spanish part of the forum where your more likely to get answers to your question.

Welcome to BE though

Madridboy

Just been through a similar thing......they can only ask you for 2 months rent if you leave early. Try shouting and arguing as the Spanish do, it works wonders this way it may cost you nothing.
p.s. drop in the words policia & denuncia, this works wonders also.

cloghy chica

Hello Madridboy , does that mean that Sapnish Law states you must pay two months rent as a penalty ?

Madridboy

It may state it but if they want to but a denouncia against you over it they could be a long time waiting for it, this is Spain so just see if you can get away with nothing if you can.


I wont go into detail as it's avery long story but we recently had a court with an idiot neighbour who put a denuncia against us because she found dog hair on her clothes that were drying on her balcony. With all the problems we had with them we moved and left our place early. Our landlord was fantasticly helpful and didn't want any form of compensation from us. He even came up with an idea to say that we'd already paid him 1 years rent in advance and that we didn't get any money back and that we should then put a denuncia against the neighbours for stress, etc. and go halves on the money we said we'd paid. When we spoke to the court lawyer in Madrid he said we should persue our landlord for the money as he cannot ask us for more than 2 months rent. Well....so much for not going into details with a long story lol
IMO if a Madrid court lawyer says this then I'd take it as gospel.

rachelk

Unless your particular contract specifically states otherwise, contracts are for 12 months at a time, and renewable for 12 months at a time.

If you leave before the end of the contract, then as I understand it the owner is entitled to ask that you pay to the end of the current 12 month period, or up to the point at which another tenant can be found, whichever is sooner. He can go to court for this if necessary.

mikelincs

Usually there is a clause in the contract that allows you, or the owner, to give two months notice. Simple way is to say that you will be leaving at the end of the period, pay up to one month from leaving, then say that they can use the deposit as the final months rent, then go. OR as many people do, just organise another place, and move out, cancel all standing orders paying bills etc. Spanish law being so slow, they are most unlikely to take any action, and in any case by then you could be anywhere in the world.

Grebo

I believe it is normally 11months

snikpoh

'short term tennancy agreements' have to be less than 12 months but here in Spain it doesn't really matter as the law seems to sit with tennants anyway!

Grebo

We have been on 'short term' for the last 4 years, renewing every 11months..

Madridboy

The answer as I've already stated is they cannot legaly ask you for more than 2 months rent as a penalty. This came from the mouth of a Madrid court lawyer less than 1 month ago. If your contract states more in it then I would imagine that the contract is not 100% legal and you can fight this in court. The Spanish use the courts for pretty much everything, you're paying tax also so if your landlord doesn't like it....denounce him/her.

emsr2d2

I'm on a short term rental contract here, renewable every 3 months, and I am only obliged to give a month's notice. My 2 flatmates are on 9 month contracts, but theirs say the same - one month's notice. I guess if we broke the contract and left without a month's notice, the landlady would simply keep our deposit.

Mind you, I'm not sure how either side would stand as we recently discovered that our landlady isn't declaring the income from our rental, and the contracts she has written up were created by her. I was told they may have no legal footing at all because she has chosen not to declare that the flat is rented out.

I assume you haven't already moved over here. If you have, then the notice period should be clearly stated in your contract.

jdr

It´s your right to stay for 5 years if it is not stipulated it is a holiday let.

snikpoh

'Short term tennacy agreements' are just that, they are not holiday lets. The right to stay for five years if desired, so I'm told by my Spanish lawyer, is the tennants right (no matter how long the contract is for) - that's why I said what I did earlier.

The other issue is that rents can't be increased within that 5-year term, so I'm told.

The other 'nicety' is that if a pensioner rents, then they have the right to stay forever if they wish. The courts do not take kindly to asking pensioners to leave, for whatever reason.

(PS. I'm on the other side as a landlord)

rachelk

They can be increased, at the end of each year, but increases are limited to the IPC for the last 12 months. How that works when there is deflation, I don't know.

The standard/default term under the LAU is for one full year, if not then it must be stipulated in the contract


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