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Flowerlover

Posts: 16

Location: Torrevieja

Joined: 7 Nov 2019

I have just received a message from my landlady saying she wants to sell the house I'm renting since last year. The annual contract runs till next May, but the tenancy agreement does refer to five years, unless they need the house for themselves, as copied below:

ORIGINAL SPANISH TEXT

"El presente contrato entrará en vigor a la firma del presente documento y tendrá una duración de UN AÑO, pudiendo ser prorrogado por períodos idénticos hasta un máximo de cinco años, de conformidad con lo establecido en la vigente LAU, salvo que el arrendatario manifieste al arrendador, con sesenta días hábiles, de antelación como mínimo a la fecha de terminación del contrato o de cualquiera de las prórrogas, su voluntad de no renovarlo.

No procederá la prórroga obligatoria del contrato si, una vez transcurrido el primer año de duración del mismo, el arrendador comunica al arrendatario con cuatro meses de antelación que tiene necesidad de la vivienda arrendada para destinarla a vivienda permanente para sí o sus familiares en primer grado de consanguinidad o por adopción o para su cónyuge en los supuestos de sentencia firme de separación, divorcio o nulidad matrimonial."

TRANSLATED AS:

"This contract will come into force upon the signing of this document and will have a duration of ONE YEAR, and may be extended for identical periods up to a maximum of five years, in accordance with the provisions of the current LAU, unless the lessee informs the lessor , at least sixty business days in advance of the date of termination of the contract or of any of the extensions, its willingness not to renew it.

The mandatory extension of the contract will not proceed if, once the first year of its duration has elapsed, the landlord notifies the tenant four months in advance that he needs the rented home to use it as permanent housing for himself or his first-degree relatives. of consanguinity or adoption or for his or her spouse in the event of a final judgment of separation, divorce or marital annulment."

It doesn't say anything about selling the property before the five years are up. Any advice regarding where I stand most welcome.

I am also aware of this: https://www.expatsinspain.org/selling-a-house-with-a-tenant-how-to-do-it-and-what-the-parties-need-to-consider/...where it says:
"And what happens if the tenant wants to stay in the property, but is not interested in buying it? In this case, stresses the vice-president of Alfa Inmobiliaria, the owner can freely sell the property and «the rental contract will be subrogated to the new owner until the contract reaches its agreed end.

As José Ramón Zurdo, director general of the Agencia Negociadora del Alquiler (ANA), recalls, since the LAU was amended in 2019, «the new buyer of the property is obliged to respect the tenant who inhabits it, having to respect them for the duration of the contract that remains to be fulfilled. Before this date, if the buyer was in good faith, once the purchase had been made, he could evict the tenant without having to respect the remaining contract period».

It should be remembered that, for the last two years, the duration of rental contracts has been five years if the lessor is a natural person (an individual)."

Any advice regarding where I stand most welcome.

John123456

Posted: Thu Nov 9, 2023 11:44pm

John123456

Super helpful member

Posts: 1470

1068 helpful points

Location: Benidorm

Joined: 27 Feb 2021

Ela17

Posted: Fri Nov 10, 2023 9:41am

Posts: 41

35 helpful points

Joined: 14 Jun 2017

Posted: Fri Nov 10, 2023 9:41am

A very painful topic for me. Once you hand the key from rental property to a tennant, you potencially lost your property. Depends on your luck. In a legal world, one who has a better lawyer, wins. I do not believe, that there is a straight law, to justify tennants or landlords rights. 

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Flowerlover

Posted: Fri Nov 10, 2023 4:50pm

Flowerlover

Original Poster

Posts: 16

Location: Torrevieja

Joined: 7 Nov 2019

Posted: Fri Nov 10, 2023 4:50pm

Ela17 wrote on Fri Nov 10, 2023 9:41am:

A very painful topic for me. Once you hand the key from rental property to a tennant, you potencially lost your property. Depends on your luck. In a legal world, one who has a better lawyer, wins. I do not believe, that there is a straight law, to justify tennants or landlords rights. 

There’s a contract with clear clauses, this is different from when tenants just don’t pay and. courts still take their side. Here it clearly says they offer the property for up to five years, unless they need it for themselves or their family, so it’s not that unfair. 

Kimmy11

Posted: Sun Nov 12, 2023 6:33pm

Kimmy11

Legendary helpful member

Posts: 6872

12565 helpful points

Joined: 8 Aug 2017

Posted: Sun Nov 12, 2023 6:33pm

Hi Flowerlover,

Do you know whether your rental contract has been recorded at the Land Registry?  This article suggests that it makes a difference:

https://mamsolicitors.com/what-steps-should-i-take-to-sell-my-house-if-i-have-rented-it-with-a-tenant/

Kind regards

Kim

Bee2

Posted: Tue Nov 14, 2023 5:07pm

Bee2

Helpful member

Posts: 411

269 helpful points

Location: Torrevieja

Joined: 19 Oct 2019

Posted: Tue Nov 14, 2023 5:07pm

Most letting contracts would have a break clause if the Landlord  needs the property back or needs to sell the property. You can give the tenant  notice. Not sure how many months. You usually have to prove you have sold the property. 

Bee

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