In today’s article we are going to talk about the length of the rental contract in Spain. We will also talk about its extensions, the tacit redirection, minimum period, etc.
Minimum period of rental contract for a home
In principle, the parties can agree what they want, about the duration of a contract. But, the Urban Leasing Law (LAU) provides for a limitation. Thus, for rent of homes, which have a minimum period set, in article 9.
This article says:
– That if the agreed term is less than five or seven years (if the lessor is a company):
– At the time of the termination of the contract, it will be obligatorily extended for annual terms up to these five or seven years, depending on the case.
– Unless the tenant expresses to the landlord, 30 days before the termination date of the contract or extensions, his/her will not to renew it.
Therefore, the Law protects the tenant, and gives the possibility to extend the contract up to five or seven years. Of course, as long as the contractual obligations are fulfilled.
These minimum terms of duration of the rental contract have been modified on many occasions. It is important to take advice to see the law in force, when the contract was signed.
These minimum periods do not affect the rental of holidays homes, premises, offices, etc.
What happens after the minimum duration ends?
Once the agreed term has arrived, or the minimum of five or seven years, the contract may be extended.
Thus, article 10 of the LAU says:
– If at this time, neither party would have notified the other, at least four months in advance the lessor, and two months in advance, the tenant;
– The contract will be obligatorily extended for annual terms up to a maximum of three more years;
– Unless the tenant expresses one month in advance of the termination date of any of the years, his/her will not to renew the contract.
Therefore, if the contract is terminated and nothing is said, the contract will be extended from year to year, up to a maximum of three years.
What happens if the contract and the extension ends, and nobody says anything?
Once the rental contract and its extensions finish. If no party says anything. And if the tenant continues in the property for 15 days. With the consent of the landlord, the tacit renewal or redirection takes place.
All this according to article 1566 of the Civil Code (CC).
The tacit renewal or redirection is not legally considered an extension of the existing contract. It is a new contract. Although with the same conditions as the previous one. In this case, the duration of the rental contract will be the one indicated in article 1581 of the CC:
– It will be understood for one year, when the rental has agreed annually.
– Or for months when it is monthly, or for days when it is daily.
The information provided in this article is not intended to be legal advice, it merely conveys information related to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
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