The L.A.U., (Spanish Urban Leasing Law), which covers all rentals in residential areas in Spain, stipulates that any rental contract should have an unwavering period of three years duration for the tenant.
In order to avoid the obligatory stipulated rental period of three years people mistakenly think that by stating in the contract that it is for a period of 11 months, or stating that it is a seasonal rental, or that it is not the tenant's habitual residence, that this means that the three year period does not apply. However, these clauses s are invalid because they do not comply with the law.
According to the Law, a rental is considered residential unless the rental contract specifically specifies that the apartment or house is not legally considered the habitual residence of the tenant and to ensure the legality of the contract the following points must be included:-
– Firstly, it must be made clear in the contract that the property subject of the contract is not the tenant's habitual residence, so the contract must clearly specify the address of the habitual residence of the tenant, which obviously cannot be the same one as that which is the subject of the contract.
– Secondly, a reason justifying why the contract should be excluded from the housing lease regulation must be determined. That is to say the reason why the tenant needs to rent the property for a shorter period. For example: because the tenant is a student and the property is in the place where he studies; or an employee or worker who needs temporary housing because of a specific job in that location.
– Finally, you would have to state the duration of the contract, which should be specified as non-extendable and should coincide with the previous parameters, i.e. school year, or the period required for completing a job.
It is important to emphasise that even if the above requirements are formally fulfilled, but in reality it is the habitual residence of the tenant, in a lawsuit it is more than likely that the Judge would favour the tenant and order the landlord who is responsible for the simulation in the contract to pay the costs.
Legally, this type of Rental contract is not called a "Seasonal Contract", but a "Contract for Use Other than Housing".
Therefore, it is important to have an expert lawyer to advise you on how to formulate a contract using the correct legal terminology.
Marbellasolicitorsgroup has a team of specialized lawyers who can help and assist you with this and any other legal matters. Please, do not hesitate to contact us to make an appointment at any of our offices without any kind of commitment. Email:-
mail@manilvasolicitors.com
