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-   -   TIE with no rental contract (https://britishexpats.com/forum/spain-75/tie-no-rental-contract-935026/)

michkim Sep 27th 2020 9:18 am

TIE with no rental contract
 
I need to start the process to get the TIE, I have a job but my landlord has not given me a rental contract, is there another way I prove my residence? Should I ask the owner to give me something in writing to say I live there? I heard it is common to let accommodation without a tenancy agreement, not sure how true this...apparently it’s to avoid taxes. I really like my flat and will be on the padron soon but I don’t think that’s enough for a TIE.

bolton wanderer Sep 27th 2020 10:09 am

Re: TIE with no rental contract
 

Originally Posted by michkim (Post 12914891)
I need to start the process to get the TIE, I have a job but my landlord has not given me a rental contract, is there another way I prove my residence? Should I ask the owner to give me something in writing to say I live there? I heard it is common to let accommodation without a tenancy agreement, not sure how true this...apparently it’s to avoid taxes. I really like my flat and will be on the padron soon but I don’t think that’s enough for a TIE.


How are you going to sign on the padron without proof of address? ....Are the utility bills in your name? That may help.

tebo53 Sep 27th 2020 1:33 pm

Re: TIE with no rental contract
 

Originally Posted by michkim (Post 12914891)
I need to start the process to get the TIE, I have a job but my landlord has not given me a rental contract, is there another way I prove my residence? Should I ask the owner to give me something in writing to say I live there? I heard it is common to let accommodation without a tenancy agreement, not sure how true this...apparently it’s to avoid taxes. I really like my flat and will be on the padron soon but I don’t think that’s enough for a TIE.

To gain a TIE card you need to prove in various ways that you actually are living here permanently in Spain. You would need to prove that you have enough income to satisfy the authorities you won't become a burden on the state. You will need to have a Spanish bank account with income being paid into that account for the last three months and outgoings being paid to various companies to prove that you actually are living here. You would need to prove that you have full healthcare cover paid for a full year. You will need to show a resident address and possibly a patron.

You are leaving it a little late now!

Steve

bobd22 Sep 27th 2020 1:49 pm

Re: TIE with no rental contract
 
The only way you will know exactly what documentation is required and proof of residency is to ask the Extranjero Office that you will be applying to for part one of the process. If you are using a gestor for this then ask them to find out for you. The requirements although pretty standard under the new system do vary dependant on regional offices.

dougal03 Sep 28th 2020 1:23 pm

Re: TIE with no rental contract
 
I used to rent out an apartment.You should always have a proper rental contract.Why would you go to a cash in hand merchant.He cheats the system & will have no qualms at doing the same to you.You have no comeback whatsoever.There are many honest landlords who pay their dues & rent out nice apartments.When I did this,I charged a fair rent as I had the property as an investment for my daughter to inherit & had tenants from various nationalities.Not one I am glad to say,ever reneged on their rent.The rental contract protected the rights of each of us.

dougal03 Sep 28th 2020 2:05 pm

Re: TIE with no rental contract
 
Further to my comments, to apply for a TIE you need a Padron certificate,valid within 3 months from your local townhall & cannot get onto the Padron without a Rental contract or proof of property ownership.

bfg69bug Sep 29th 2020 1:55 pm

Re: TIE with no rental contract
 

Originally Posted by michkim (Post 12914891)
I need to start the process to get the TIE, I have a job but my landlord has not given me a rental contract, is there another way I prove my residence? Should I ask the owner to give me something in writing to say I live there? I heard it is common to let accommodation without a tenancy agreement, not sure how true this...apparently it’s to avoid taxes. I really like my flat and will be on the padron soon but I don’t think that’s enough for a TIE.


Are we to assume that as you are not on the padron, that you are starting from 0, ie, you have no "green paper" residencia or anything ?

snikpoh Sep 30th 2020 12:28 pm

Re: TIE with no rental contract
 

Originally Posted by dougal03 (Post 12915383)
Further to my comments, to apply for a TIE you need a Padron certificate,valid within 3 months from your local townhall & cannot get onto the Padron without a Rental contract or proof of property ownership.


.... in your area maybe that is true.

No padron is required here for exchanges, just for new residents

bolton wanderer Sep 30th 2020 12:45 pm

Re: TIE with no rental contract
 

Originally Posted by snikpoh (Post 12916306)
.... in your area maybe that is true.

No padron is required here for exchanges, just for new residents

.....But the O/P is a new resident.

Joppa Sep 30th 2020 2:10 pm

Re: TIE with no rental contract
 
If padron is required for residency (this depends on the province you will be living in), you can be on padron without rental agreement if the landlord comes with you to the town hall and sign a paper stating you are living at their property and happy for you to be on padron, plus their DNI (identity card for Spanish) or NIE (identity number for foreigner).

dougal03 Oct 1st 2020 2:29 pm

Re: TIE with no rental contract
 
Would the landlord be willing to come to the townhall with you?? Might be asked why there is no rental contract as Govn. takes tax for rentals & is he paying his dues.

bfg69bug Oct 3rd 2020 7:18 am

Re: TIE with no rental contract
 
the town hall people might ask, but they probably dont care. they are not winning or loosing anything out of his rentals.

tebo53 Oct 3rd 2020 8:40 am

Re: TIE with no rental contract
 

Originally Posted by bfg69bug (Post 12917872)
the town hall people might ask, but they probably dont care. they are not winning or loosing anything out of his rentals.

I would imagine that all government departments including the town hall have a legal duty to pass on any information regarding avoidance of paying taxes.

Steve

Joppa Oct 3rd 2020 8:56 am

Re: TIE with no rental contract
 

Originally Posted by tebo53 (Post 12917888)
I would imagine that all government departments including the town hall have a legal duty to pass on any information regarding avoidance of paying taxes.

I assume lack of rental contract and landlord accompanying the applicant to the ayuntamiento usually happens when there is no rent being paid and they are just staying as friend, sharing facilities.

dougal03 Oct 3rd 2020 2:34 pm

Re: TIE with no rental contract
 
Don't think "the friend" explanation would go down too well where I live.Also I have applied for TIE,my green residencia certificate has a previous address on it as it was done many years ago.I was asked for a valid(issued in the last 3 months)padron certificate before I could proceed.This is in the Benidorm area.


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