5 years rental contract signed.For leaving any year earlier having to pay 1 month rent. - General property discussion in Santa Pola - Santa Pola forum - Costa Blanca forum in the Alicante province of Spain
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5 years rental contract signed.For leaving any year earlier having to pay 1 month rent.

Posted: Thu Dec 9, 2021 4:54pm
4 replies158 views4 members subscribed
ronjohan

Posts: 237

38 helpful points

Location: Sax

Joined: 29 Jan 2019

Dear Reader,

We signed a rental contract for one year which automatically continued after this one year period to a 5 years period.

Although there is no mention of it in the rental contract, our broker has sent us an email in which he states that for every year we would like to finish our rental agreement we would have to pay one month rent for each remaining year

Does anybody know if there is any legal rental basis for this claim. Again, nothing about this is mentioned in the rental contract.

Kind Regards,

Ronald

Martyn1986

Posted: Thu Dec 9, 2021 5:41pm

Martyn1986

Very helpful member

Posts: 1268

889 helpful points

Location: Villajoyosa

Joined: 23 Aug 2020

Posted: Thu Dec 9, 2021 5:41pm

Not in the contract then not legal 

tebo53

Posted: Thu Dec 9, 2021 6:06pm

tebo53

Legendary helpful member

Posts: 4816

5013 helpful points

Location: Benidorm

Joined: 29 May 2018

Posted: Thu Dec 9, 2021 6:06pm

I've been renting in Spain for 7 years and never been told about that. If you want to leave you have to give only one months notice. 

I would make further enquiries as I think that is incorrect. 

Steve 

blaze451

Posted: Thu Dec 9, 2021 6:09pm

Posts: 10

13 helpful points

Location: Torrevieja

Joined: 21 Aug 2021

Posted: Thu Dec 9, 2021 6:09pm

Spanish rental law allows the landlord to get compensation if you cancel your rental contract before the end of the first year. The landlord is entitled to one month’s rent for each remaining year of the contract. For example, if you have a contract for five years and leave after one, your landlord can request you pay four months’ rent as compensation. However, the contract must contain a clause stating this.

If the contract makes no mention of compensation for early cancellation then it is not valid.

killjoy

Posted: Thu Dec 9, 2021 7:29pm

killjoy

Super helpful member

Posts: 3231

1852 helpful points

Location: Orihuela Costa

Joined: 4 Nov 2017

Posted: Thu Dec 9, 2021 7:29pm

I fully agree with Blaze 451

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