tenancy agreement

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Cornflake
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tenancy agreement

Postby Cornflake » Fri Aug 25, 2006 10:38 am

[temporada agreement - not vivienda]
Is it ok to write this yourself (based on extensive UK lettings and renatl property management experience etc.) and get it translated (properly) and use it?
Or is there some 'official' document that must be used, all others not being legal/enforceable?

katy
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Postby katy » Fri Aug 25, 2006 10:48 am

No, don't go down the road of a UK model. There is a sort of pro-format here. I used one given to me by someone else, but don't rent now. Beachcomber will be along soon, knows much more than I do but sure he will agree with me.

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kevin77
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Postby kevin77 » Fri Aug 25, 2006 1:49 pm

Something like this?

http://www.casaspain.com/wesp/info_prop ... NTRATO%201

Google: contrato arrendamiento temporada modelo

Beachcomber
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Postby Beachcomber » Fri Aug 25, 2006 7:27 pm

There are many such models on Google and the one quoted by Kevin77 is as good as any. No matter how a contract is worded any subsequent dispute over non-payment of rental etc will be heavily weighted in favour of the tenant.

I have no personal experience of long term rental agreements as I NEVER let any of my properties on a long let and never will.

There used to be a pro forma issued by the 'Camara Oficial' of the province but I have not seen one in a long time.

Cornflake
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Postby Cornflake » Sat Aug 26, 2006 12:40 pm

Thanks for the replies

I'm not quite sure why a UK model contract (suitably and sensibly amended) should not form the basis for a short term contract between landlord and tenant. The same kinds of things are going to be covered wherever the property is. What is obviously different is the law under which the tenancy is documented and operated.

The 'model contract' given (in Spanish) in the casaspain website is pretty well what we already use and would want to continue using, but ours has our own wording and the benefit of our own experience in the UK with typical landlord-tenant problems.

In fact, the casaspain website actually says . . . (in real spanish words, rather than this daft machine translation!) . .
. . .
Written contract requirement.
In agreement with the Law of Urban Rentings it is not necessary that the contract becomes serious in writing. In addition, actually he is little habitual that exists contracts in writing in the rents of vacations between individuals.
However, he is very recommendable regular all the aspects of the relation by means of a contract, in which the parts are free to establish their conditions. Not only it serves the landlord to indicate in what conditions have given the house and in what conditions must receive it, but also to inventory the equipment, which guarantees the guarantee and, in extreme cases, will facilitate judicial conflicts.
On the other hand, if the contract does not become serious in writing and it is described as “season rent” all
prescriptions of the house rent are applied without a doubt, much more beneficial for the renter. Like example, the LAU establishes a minimum term of duration of five years in benefit of the renter, right to acquire the house, if the renter leaves the house his spouse or pair in fact can continue with the renting contract, et cetera.


I asked the question because someone told me that one had to use some kind of 'official' printed and published contract bought from a newsagents or something.

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kevin77
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Postby kevin77 » Sat Aug 26, 2006 1:45 pm

These should be available from places like Corte Ingles, or your papeleria etc. You can buy them online as well. There are two main types of contract ; contrato alquiler piso (where a tenant is long term and renews every 12 months, and can in theory park himself for 5 years) and contrato alquiler por temporada (temporada being the holiday season, and in this you state the dates of the tenancy and deposit for breakages etc!).
Its just the same in the UK. You can amend the contract to suit both parties. Whether the court would judge it fair is another thing.
But you are in Spain, under Spanish Law and so the documents need to be in Spanish! Surely an English contract is not valid?:roll:

Cornflake
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Postby Cornflake » Sat Aug 26, 2006 2:35 pm

ok, I'm not talking about an English contract.
I'm talking about a contract professionally translated into Spanish, that states clearly it is governed by Spanish law, and that covers (seems to cover) exactly the points that that other website one does, but which does include many of the lessons we learned from years of renting out in the UK.
Is this Corte Ingles contract an official legal Government of Spain/Andalucia/You Can't Use Anything Else one, or just one that been published by someone or other?
Is there an Unfair Contract* Terms Act** in Spain?
[*Not that our contract is anything other than fair - I do mean that seriously, we don't propose tenants agree to being dismembered for smoking on the terrace!]
[**I am aware that Courts may make their judgement about what is fair or unfair]

Red Dragon
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Re: tenancy agreement

Postby Red Dragon » Sun Jun 14, 2015 2:52 pm

Hello - I see this forum is quite old now and I believe the law regarding tenancy agreements may have changed in recent years but could anyone update me on the pros and cons of short versus long term rental please? I have a prospective tenant who wants to rent for approx. two years but is happy to take short term rental for which the agreement could be renewed after the expiry period. Any help much appreciated. Also if there are pro formas out there on the internet I could really do with some advice. Thanks.

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Re: tenancy agreement

Postby Lindyloo53 » Tue Jun 20, 2017 8:29 pm

This is my first posting so not sure if I am posting to the right location. Apologies if it is not. I will be living in my brother's house free of charge until I find somewhere to buy. Do I require a tenancy agreement to be set up as I would like to apply for long term residency. With Brexit possibly affecting things, I would like to get things in order. Any help would be appreciated.

Manchesteral
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Re: tenancy agreement

Postby Manchesteral » Sat Jul 01, 2017 3:05 pm

Not sure if I'm correct about this but I'm sure someone will be along soon with the correct answer, but, I'm guessing that with a tenancy agreement your brother will be liable for tax on a "notional or perceived income" , just guessing !


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