As a lawyer and Danish Consul, I have seen a massive increase in clients asking about renting here in Spain. Everyone will of course be aware that the transition period comes to an end on 31.12.20 for the Brits. Realistically there is not much time to purchase a property before the end of the year especially with UK citizens having to quarantine in the UK for 14 days when they return to the United Kingdom from Spain. There are also those people who simply do not want to invest in the Spanish property market and prefer the freedom of renting. There is a school of thought that the property prices will go down next year but who knows.
This means that people who have decided not to buy in Spain are turning to renting as an option to show that they are living in Spain and are therefore able to make an application for residency or residencia as it is called in Spain. There are of course a number of reputable agents who can help you find a place. There are also numerous private advertisements on sites.
Sadly, there are a few scams that are out there, and you must take care. The most popular are fraudsters renting a property on somewhere and taking deposits and rent in advance before disappearing. There are even criminal gangs breaking into properties and doing the same thing. Make sure that you see an independent lawyer in order to guard against these scams and to make sure that the contract is legal and negotiated in your favour. For example, you may need a notice clause that allows you to leave early as you may be looking for a property to buy in the not too distant future.
There are three different property rentals contracts in Spain. The first is where you rent a house for a holiday like on Airbnb, booking or others. The second is where you take a rental contract for up to 6 months, this may because you are working or studying away from home. The third is long term rentals for 12 months or more, these are contracts where it is your main place of residence. If you follow the terms of the agreement, then you can extend the term to 5 years even if the landlord does not agree.
This of course is not legal advice and again as always seek independent advice from a registered before signing or paying any monies.
Marisa Moreno Castillo,
Senior Lawyer at Just Law Solicitors and Consul for Denmark.
Website: www.justawsolicitors.com email: [email protected]
Please Note. General Information
Why do you say long term rentals must be for more than 12 months? They can be for any length of time provided it is the tenants “habitual home” surely?
It is the law