Temporary or Permanent Residency

Information and questions about the Law in Spain and Andalucia.
Mike Conroy
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Temporary or Permanent Residency

Postby Mike Conroy » Tue Apr 04, 2017 10:34 am

We (my partner & I) rent a villa in Ardales. We have no property anywhere else.
Initially the lease was for 6 months. Last month a new lease was agreed for 12 months. So we've lived here for 18 months continuously and have re-furnished the property largely with our own furniture.
The lease expired March 7th this year. The landlord lives in Switzerland and has just come home for a few weeks, partly to renew our lease..
We have just had our lease renewal meeting with him and, disturbingly, it was a a very difficult meeting with the landlord making lots of new demands and conditions.
We'll probably look for somewhere else to live now but I'd be grateful for any advice on our situation, so we know how robust to make our challenge, should we choose to..
The 12 month lease states that it is regulated by the provisions of Law 29/1994 (LAU). The relevant exclusions are: -
1. it refers to the property as "temporary lodging" (vivienda temporalmente) AND
2. it expressly waives our automatic right of renewal (El arrendatario hace expresa renuncia a la tácita reconducción prevista en el Art. 1556 del Código Civil).
In English law such clauses could be ruled unfair by the court but do they have any validity in Spanish law? In other words is a court likely to rule that our tenancy is permanent with all the protections that brings?
There are a couple of other restrictions, too, but these are the key ones for now.
Thanks in anticipation.
Mike

BENIDORM
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Re: Temporary or Permanent Residency

Postby BENIDORM » Tue Apr 04, 2017 5:35 pm

Hello Mike,
Welcome to the forum. :wave:

Quite a few complex issues here.
It rather depends if you have already signed a new lease, if not ,personally I would look for a new rental elsewhere.

The restrictions that he is imposing would indicate to me that he is considering selling the property in the near future and doesn't want the problem of a 'permanent' tenant who could make it difficult if he arranged a sale.
As far as involving courts and lawyers I would not recommend it, maybe you would win but the costs and time involved could be heavy on the pocket and hard on your nerves !
You are still in the 'driving seat' if you haven't renewed so I would suggest that you tell him that you are now looking for another rental and will move as soon as you have found a suitable property, he may actually come back and agree to you staying on with your original agreement, if not move when you are ready, but continue to pay your rent on time and give him any agreed notice.
As he is a foreign absentee owner you would probably have the upper hand if you wanted to pursue it in court, but I honestly think that you will always be uncomfortable continuing to live in the property.
There are plenty of rentals on offer, and may I suggest that you take your time and tick all of the boxes before you move.
Hope this info. and advice is helpful to you.
Regards,
Gordon

Mike Conroy
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Re: Temporary or Permanent Residency

Postby Mike Conroy » Wed Apr 05, 2017 6:44 am

Thanks for your advice Gordon.
We've not signed a new lease yet nor have we agreed to any of his demands. We are to talk again next week.
I don't think he plans to sell - he "built" the house himself and it's a potent symbol to him.
Tbh I think he finds it's hard to cede control, generally, and he's obsessive about order.
With the current lease, that has just ended, he insisted that his cousin undertake pool, garden & general maintenance for him, at our cost. Neither of us have been best served by this relative - we recently assumed control of the garden & general maintenance because of his slapdash ways. And this relative has, seemingly randomly, planted our veg in various different areas of the olive grove. I think the landlord has returned home and had a hissy fit about it - and we're taking the flack. The two conversations I've had with him he's been very "het up", as though he needed to get his feelings out there.
He may have calmed down by now but I agree that it's time to move on. But I want to do this at a time and in a manner that suits us, that's why I am interested to know my legal standing.
I've had experience of legal disputes in the past and I agree that they are best avoided. They're no fun and they damage relationships which, at the end of the day, are what govern good arrangements.
Thanks again. Mike

BENIDORM
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Re: Temporary or Permanent Residency

Postby BENIDORM » Wed Apr 05, 2017 8:22 am

Good Morning Mike,
Taking into consideration all of the facts that you have supplied I would agree that it is probably better to move on.

I would say that he is being unrealistic and unreasonable by arriving after your current lease has expired and expecting you to sign an amended lease agreement, he should really send you a draft agreement 3 months prior to lease expiration for your perusal.
He would be foolish to not accept your proposal that you will move on when you have found another suitable rental, and maybe you should point out that it will also give him time to find a new tenant and that you would be happy to assist viewings of the property by potential new tenants ( subject of course to him arranging proper appointments with you ), even without a lease agreement you would still have tenant rights, I believe.
And at the end of the day it would be better for all parties concerned to reach an amicable solution and part as friends.
Good Luck,
Regards,
Gordon

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chrissiehope
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Re: Temporary or Permanent Residency

Postby chrissiehope » Wed Apr 05, 2017 1:09 pm

Have you thought about asking Citizens Advice about this ? I would have thought they would be 'clued up' about tenants rights.
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Mike Conroy
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Re: Temporary or Permanent Residency

Postby Mike Conroy » Wed Apr 05, 2017 10:43 pm

Many thanks to both of you.
I must say that I've been sorely disappointed by Citizens Advice in the UK when I've approached them a couple of times on behalf of my 25 year old daughter. That said i had no idea that they operated in Spain. Whereabouts are they?
Secondly, Gordon, I still agree with you that, pragmatically, the best course for us will be to move on. Broken relationships can cause a lot of trouble. They're difficult to re-ignite. Better to make a fresh start.
I've taken legal advice and, as you thought, were the issue to be tested in court, there's no doubt that our tenancy would be found to be permanent. We gave notice at the end of last year. We would be deemed to be in the second year of a permanent tenancy.
That knowledge is very useful. Taking that line with the landlord should give us some peace and quiet now, that we both need, whilst we research and plan our next home. We will move on on our terms.
It's a shame to end a promising tenancy in a lovely home in this manner. But, life rarely runs smoothly or to plan.
And I'm a great believer that another door opens when one closes.
So, we'll move on after the summer.
Thanks for the great, helpful, advice.
Mike

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Enrique
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Re: Temporary or Permanent Residency

Postby Enrique » Thu Apr 06, 2017 7:10 am

UNIX is basically a simple operating system, but you have to be a genius to understand the simplicity.


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