TENANTS RENTAL CONTRACT DURATION CALCULATION AND ITS EXTENSION PERIOD – Costa del Sol Spain
By Jacques Olivier Marbella
If you are having problems to know how much is left in ending your rental contract. Now, you do not have to worry, a comprehensive calculator is being introduced for the tenants. This calculator can calculate your period of contract by seeing the date of the contract conclusion. The government of Spain had upgraded the rental duration of contracts in the last six months. They mad changes in the Urban leasing law (LAU), which transform the rental market of Spain, which results from improvement in rental contracts.
The new law on urgent measures regarding the house and renting came to active which is called Royal Decree-Law. However, a few months back then, the same royal decree was introduced, which was not approved in congress, therefore it was not integrated into the law system of Spain. If you are facing problems, that how much time is left in ending your rental agreement, our company is here to help you to calculate your rental agreement.
Rental contracts durations according to their date of starting
Contracts launch on March 6, 2019
Duration of agreement on which tenant and landlord were agreed on can be extended, if the tenant wishes for an extended duration of an agreement if the time duration is less than five years for the natural property owner and for the legal owner it is for seven years. However, it does not matter if the property owner opposed the extended duration. Tenants need to make their presence in the property and pay their rent on which they were agreed, no need to talk with the landlords for such extension. So, tenants can extend the agreement duration if they want, and landlords can not negotiate on this.
If the contract is started on March 6, or another date and the agreement duration is one year, and now the agreement date is ended, it is totally up to the tenant. Whether they want to leave the house or not. It will be continuing until five or seven years have been passed. Even if the landlord forces the tenant to end the duration agreement, it is not possible unless the tenant expresses his/her consent, because it is present in the law of Spain.
Completion of five years of the contract, if the tenant is not notified four months in advance by the landlord or tenant does not show desires in the continuity of the lease in two months of advance, then it is called undeclared renewal of the lease. This will be the same for three more annuities. The contract will annually be extended after the completion of the entire above period is passed. However, for this, there must be no initial notification of termination of the lease between the tenant and the landlord.
After passing five or seven years of the contract, if the desire to terminate the contract four months in advance is not provided then it will be mandatory for the landlord to provide the extension, which will be called undeclared renewal of up to three more annuities. It will extend the contract. The only option will be left for the tenant to end the annuities of each of the same undeclared renewal.
During the three undeclared renewal, if the landlord wants to deny the extension in five years, let us say after ending the first year of rental duration,
the landlord needs the home for his/her living or his/her relatives of own family, or for the spouse, if there is the divorce between them, these exceptional cases will be present in the rental contract. And the landlord must notify the tenant at least two months before he/she wants the home. These exception cases will be solely provided in the contract if the tenant is a natural person.
Contracts launch on June 6, 2013, to March 6, 2019
Royal decree-law last December like current was examined the measures. However, it was not verified, hence, it was not included in the legal system of Spain. The contracts signed in this short period were treated with the past regulations, however, the freedom rules between both tenants and landlords will be ruled as current regulations.
The contracts signed from June 6, 2013, to March 6, 2019, can have the period of the contract up to three years if the tenant wishes to. If the landlord opposes the contract so there will be the following characteristics:
- If the landlord does not notify the tenant once the three years of the contract are ended, the undeclared extension will be considered, that is of one year, without the owner’s permission, next year will be the same extension and so on.
- The first three annuities, which are forced extension, will have the same impact defined in the previous section which is of December 19, 2018 (contract signed in this period), ignoring the causes provided in the previous rent contract.
Contracts launch on January 1, 1995, to June 6, 2013
The rental contracts which had been signed in between these dates, that are still active today, concerned with undeclared renewal or yearly extension. The yearly extension will be given if the landlord before the expiration of the yearly contract does not use his/her rights of resolution by communicating with the tenant, one month in advance of ending the contract of every annuities extension, his/her desire that it must not be extended further.
As mentioned before, if the landlord refused any extensions to continue the lease, it will not be accepted. However, if it is mentioned on the rental contract and both parties were agreed, that ‘the home is needed for himself or herself’ then it can be given to him.
Now, let us understand this refusing extension by making the assumption.
Contracts signed between January 1, 1995, and June 6, 2013, is satisfied with the tenants, that is, the landlord does not have an issue to extend the contract annually until now. Now, the new extension is given by the landlord in December 2018, which will be effective until December 2019. The landlord now got divorced, which results to leave his family home at the end of February 2019. This emergency fact, if it is considered in the contract, the landlord can notify the tenant that he/she needs to leave the house as soon as possible because he needs to move in due to family issues. For some reason, if this fact is not included in the contract then, the landlord must wait till the end of the extension.
Contract launch on May 9, 1985, to December 31, 1994
The force-extension which favors the tenant will be a force from these dates, and they are concerned with the urban leasing law of 1964. For somehow extension may be rejected from the landlord, these will be rightful scenarios for which it can be denied:
- Landlords want the home for own use, or for rightful relatives, or successor to occupy the house.
- Landlords want to demolish the property and build another one.
- If the house is not in possession for more than six months in one year, other than just for a cause.
- When the tenant has two or multiples homes in a similar town.
- If the tenant, during six months previously date of the claim by the owner, had left at on his/her own will as the holder of the property.
Contract launch from 1964 to May 8, 1985, known as “old rent”
Contracts entered in these dates, the urban lease law of 1964 applies to it, which gives the popular rule of forced extension or indefinite extension in the favor of the rightful tenant.
The reasons for rejection of forced extension will be similarly discussed in previous parts, on the launch of the agreement into May 9, 1985, to December 31, 1994, which is mandatory. The request mad to the tenant must justify the need for rejection of the extension. Also, provide compensation that is presented in the law. If the tenant is abandoned from the home and make the house available for the owner, the previous end of extra annuity.
Law 29/1994, the second transitory provision of November 24, also gives the number of substitution and who may continue with the lase, after the initial tenant with whom the previous lease was contracted has come to an end, two substitutions are allowed, and providing the following characteristics:
- According to the law of 1994, which came into force on January 1, 1995, only two substitutions are allowed, no more than two.
- If substitution were taken place on January 1, 1995, another substitution can settle.
- For somehow, no substitution had taken place on January 1, 1995, the two fixed ones are possible to get settled.
Substitution can be only favored to the spouse not lawfully or separated, or children of the tenant who used to live together for two years before the tenant’s death. If none are the causes, then parents of the tenants who used to live with the tenant minimum for the previous three years maybe substitute.
In such cases, the contract will end upon if the substitute is dead, unless the substitute is a child, in this case, it will end after passing two years or on the date when the child will turn 25. Another exception case is if the child is disabled of substitute or greater than 65%, the contract will end on when the disabled son is no longer alive.
The rights of spouses of the tenants and the person living with the tenant permanently in some relationship of the same degree of tenant’s spouse will be similar. Nevertheless, of their sexual intentions. For a minimum of two years, before the death of duration. However, if they had mutual successors then more coexistence will be served.