Guide: Rental housing

Everything about the regime of rental housing, minimum duration, termination of contract, an update of income, right of first refusal in any sale of the house ….

1.-I want to rent a house What is the minimum duration of the lease?
The term of rent is free.

“But if the time is agreed is less than five years, the law states that when the contract expires, will be extended by mandatory annual installments until it reaches a minimum term of five years. This does not happen when the tenant (rent it) says the landlord (the owner) who do not want to renew at least thirty days prior to the finalization of the contract or any extensions. This extension does not occur when the contract required the need of the landlord has to occupy the house before five years to earmark for your home.

“If the term of the contract is for a minimum of five years, and then at the expiration date either party notifies the other party one month in advance of the intention not to renew the contract, it is mandatory for periods extending one year to a maximum of three years.

2 .- What happens when it was agreed that the landlord occupying the house before five years and without extending it is not necessary after the termination of the contract?
The law states that if three months have passed since the end of the contract and the landlord has not occupied the house, you must re-rent tenant for a further period of five years, compensation for the cost of eviction, or an amount equal to amount of rent for the remaining years to complete five.

3.-I have lived in a rented flat a few years. The contract was soon extinguished and the landlord will offer for sale housing. Do I have any right over it?
The tenant of a dwelling if the owner wants to sell, has a right of first refusal. Is the right of first refusal and the right of withdrawal.

• On the right of first refusal, the tenant can buy housing in the same condition as you would a third party in preference to him.

The tenant has thirty calendar days to exercise, from the following that you are notified by affidavit the decision to sell the property, price and other conditions of the sale.

• The right of withdrawal is the right to get in the place of the third party buys the property with the same conditions stipulated in the contract.

The tenant has thirty calendar days to exercise it, starting from the next to the new buyer notified by affidavit of the sale conditions, provided that no notification would have made the sale, it had been omitted from any of the same conditions, as well as when the price is lower, or less expensive of its other essential conditions.

4.-In a lease What about the updating of the income?
In the contract the parties may stipulate the update rate of the income, but in the absence of agreement, IPC will be applied (increased Consumer price indices given by the National Statistics Institute) annually during the term of the contract.

5.-As heir “I can go on a lease from a local business?
The Act provides that when the lease is to pursue a business or professional activity, the heir or legatee can be put in place the tenant in the rent, the landlord written notice, within two months from the date of death of the tenant.

6.-On the death of the tenant of a house, who can continue the contract instead of this?
When the tenant dies the rent is over, unless there are any of the following persons:
- The spouse of the tenant, which at the time of death to live with him.
- The person who has lived with the tenant on a permanent basis with the same emotional relationship to the spouse for at least two years before death. If you have children just the mere coexistence.
- The descendants of the tenant under its custody or guardianship, or have lived with him regularly during the previous two years.
- The ancestors and siblings of the tenant, they have usually lived with him during the two years preceding his death.
- Also all persons who, although not in the above situations, have a family relationship to the third degree with the tenant side, suffering from a disability less than 65%, and have lived with it for two years prior to death.

Can be agreed in the lease, when his initial term exceed five years, there is no right of subrogation to the death of the tenant if it occurs during the first five years of the lease or the lease is terminated to five years when the death occurs earlier.

7 .- What I have to do to continue the lease in place of the deceased tenant?
He who wants to get in place of deceased tenant must provide written notice to the landlord’s death, the death certificate, in addition to its identity, its relationship to the deceased and proving that it meets the legal requirements to replace him.

If within three months after the death of the tenant the landlord does not receive written notification of the death, the lease is dissolved, and are required to pay the rent for these three months everyone who could succeed the tenant, except to give up their option to the landlord written notice within the month following the death.

8.-I hired a local business, has extinguished the contract Do I have the right to compensation because the lessee refuses to renew?
The conventional termination of a rental property that has had a business of retail over the past five years, will give the tenant a right to compensation from the lessor, provided that the tenant has advised four months in advance to the expiry of its willingness to renew the contract for a minimum of five years and a market rent.

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