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Property lawyer in Spain.

Spanish Law 4/2013 4th June, measures for flexibility and development of the rental property market.

In order to obtain a balance between the needs of lease of properties and the necessary guarantees for the landlord, in order to put properties at the rental market, the Law carries out a series of amendments on the following relevant matters

1º) Priority is given to the will of the parties.

2º) This Spanish Law reduces the duration of the mandatory extension from five to three years and from three to one year in the tacit extension.  Although the term of the lease will be agreed by the parties, when the contract is for a period of less than three years, it will  be extended by law  for annual periods until it reaches a minimum duration of three years.

3º)  The recovery of the property by the owner to be used as permanent home. In this case it would not be applicable the mentioned compulsory extension if, after the first year, the landlord informs the tenant about his need to use the property as permanent house.

4º)  The withdrawal from the Spanish contract by the tenant.  The tenant  may withdraw after six months and by notification to the owner with a least thirty days in advance. The parties may agree in the contract a compensation for the landlord.

5º) Sale of a rented property in Spain. The purchaser of a property registered at the Land Registry will only be subrogated in the rights and obligations of the landlord when the rental agreement is registered at the Land Registry,  not being damaged the buyer, by a lease not registered.

6º)  Update of the rent income. Income will be updated each year of the contract under the terms agreed by the parties. In the absence of express agreement, the rent will be updated on the basis of the general index system of consumer price.

If you wish to obtain additional information about the lease of your property in Spain or to review your rent contract, please contact us.  At Arcos & Lamers Asociados a professional will provide the necessary advice on the granting of your contract and will inform you in all your rights in Spain. Arcos & Lamers Asociados, your property lawyers in Spain, registered accountants (economists) in Marbella, Málaga, Spain.

Through the signing of a professional lease contract, your rights will be protected.

María Teresa Arcos, lawyer in Marbella

Wim Lamers, registered accountant (economist) in Marbella

Marbella, September 2013.