English speaking Spanish Lawyer of the team of law firm Arcos & Lamers Asociados in Marbella.
– There are some essential topics in the rental-housing act in Spain, although more related to long-term rentals than seasonal rentals. What are the most frequent asked questions in relation to tenancy?
At the office, we get to deal with two main topics daily. The first one is related to the contracts, that is to say, the way contracts should be negotiated and drawn up. This is dealt with case per case. On the other hand, we deal with what is known as contractual crisis. In other words, when for some reason, mostly because of non-payment of the rent, the owner or landlord tries to repossess the property by means of eviction procedures.
– And what is the situation at the time? Why does the economic crisis have so much influence on this kind of problems?
Of course it has a lot of influence. Crisis has influenced financial possibilities of tenants but also of landlords. Tenants because of their capacity related to their proportion expenses and income and landlords because most of them had a mortgage on the property they rent out to finance it. In this way, they tried to make some savings. Of course the economic crisis has had an influence on the tenancy possibilities.
– The biggest problem is undoubtedly the fear of many landlords to rent out their properties to people who cannot pay anymore after a while. I understand that in first instance one has to try to come to an agreement between both parties. In case of eviction, a court case must be held. But what can we do to prevent this? The best thing to do is to take some preventive measures, no?