New Rental Laws in Spain
Are you considering renting a housing in Spain? Are you a landlord looking to rent your property in Spain? Recently Spain made several changes to legislation relating to Rental law. When renting a property it is essential that you are informed of what the law is and that this should be reflected in your contract. Our lawyers have made the following article to give you a general overview of some of the changes which could affect you when entering a contract either as a tenant or a landlord. If you require more information on any of the following matters please do not hesitate to contact one of our experienced lawyers.
Recently new legislation has been introduced in Spain with the aim to better protect the rights of tenants and give them more stability when it comes to renting a property in Spain. The new laws will affect every lease agreement made after 6th March 2019.
Renting a property
The old legislation stated the minimum length of a rental contract was three years. This new legislation has increased the minimum length of a rental contract to five years, or seven years if the landlord is a legal person.The duration of the lease will be freely agreed by the parties. If it is less than five years, or less than seven years if the lessor were a legal entity, arrived on the day of expiration of the contract, it will be extended for annual terms until the lease reaches a minimum duration of five years, or seven years if the lessor were a legal entity, unless the lessee declares the lessor, at least thirty days before the date of termination of the contract or of any of the extensions, his will not to renew it
The tacit renewal period is an agreement for a definite period of time. If the expiration date of the contract, or of any of its extensions, has arrived, after at least five years have elapsed, or seven years if the lessor was a legal entity, neither party had notified the other, at least Four months in advance of that date in the case of the lessor and at least two months in advance in the case of the lessee, their will not to renew it, the contract will be extended for annual terms up to a maximum of three years, except that the lessee declares to the lessor one month before the date of termination of any of the annuities, its willingness not to renew the contract
Evictions
The changes to the law aim to lower the number of tenant evictions in Spain. There is a strict process which must be abided before a tenant can be evicted. In some cases it is necessary for the landlord to use social services so that they can determine if the tenant is in a ´vulnerable situation´. In this scenario, the eviction can be prolonged for one month when the landlord is an individual.
Holiday rentals
The changes to Spain´s legal code have taken into account the increasing use of online rental websites such as AirBnB in Spain in recent years. To be able to rent a property or part of a property on a website such as AirBnB the landlord and the building need to have some requirements.
If you either are considering starting an airBnB in your porperty or are looking to prevent one from opening in your building please get in touch with our legal team who can advise you on how can move forward. Our lawyers can help you with your case in Barcelona, Catalonia, or other areas of Spain.
Should you need further information, or legal advice, please do not hesitate to contact our lawyers. You can contact us by using the contact form below, by emailing info@pineradelolmo.com, or by telephoning +34 93 514 39 97.
Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant to your case please contact our lawyers.