2023-08-04 19:22:22
Friday, August 4, 2023, 7:22 p.m.
comment
copy link
Telegram
Although the terms may vary depending on when the contract was signed (and what governed the leases at the time), in Spain, an individual who rents an apartment from another to make it their habitual residence has the right to stay in it for at least five years. . If the initial contract has a shorter duration, each year you can request an extension until you add a total period of stay in the rented home of five. The measure guarantees the tenant a minimum stability against possible changes of opinion of the landlord, who, on the other hand, limits the options to recover the apartment or look for another tenant.
Hence, there are those who fraudulently resort to the only legal way to avoid an extension and terminate the contract before its legal expiration; say that he needs the flat. Article 9.3 of the Urban Leasing Law allows the landlord to recover the property if a series of requirements are met:
-At least the first year of the contract must have elapsed.
-It is necessary to notify the tenants at least two months in advance.
-The need to occupy the home must be for oneself or for relatives in the first degree of consanguinity or by adoption. The spouse is also included in cases of final judgment in processes of separation, divorce or marriage annulment. The owner must be the person who owned the property when the contract was signed and not a potential buyer to whom it could have been sold during the term of the agreement.
-This possibility of recovering the home must be expressly stated in the contract. This requirement had been eliminated in the legal reform of June 2013, but it was reintroduced in the modifications approved since March 6, 2019.
To avoid abuse, the Law establishes that the owner (or the relative for whom he claimed to need the home) must occupy it within a maximum period of three months, unless circumstances of force majeure prevent it. If this is not the case, the former tenant may re-occupy it under the same conditions or be compensated for the time in which the contract was breached.
However, it is also true that the only one really interested in verifying if the apartment is occupied by its owner and has not gone on sale or has been put up for rent again with a higher price or even ‘cut up’ by rooms is the former tenant, who, even if he is certain that he was tricked into leaving the property, may not be interested in getting into an always uncertain final judgment. Although there are precedents; A year ago, the Provincial Court of Barcelona 2022 sentenced the landlord to compensate the tenant with 24,000 euros. It was a contract from May 2013 and the tenant demanded -and obtained- the legal compensation then equivalent to the rent for the time pending compliance with the contract (33 months for 750 euros).
Comment Report a bug
#Cheat #landlords #trick #rid #tenant #raise #rental #price