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Legal Advice. Arrabe Asesores

Legal Advice

1 .- I have long been intending to rent out my flat. Anything I can do to shorten the five-year contract that the law recognizes the tenant?

As much as a lease to sign for less than five years, the law favors the tenant and provides that whenever he so requests, the landlord must necessarily extend the contract for annual installments, to complete the five years.

However, there are several instances where you can rent the house and lease it for a period less than five years, thus avoiding overtime.

The first option is to lease your home each season, that is, rent it to someone who is not used to satisfy a continuing need for housing.

In these cases does not apply forced extension to five years:

  • If you decide to rent an apartment for the summer months.
  • If you decide to rent an apartment to a person who temporarily move for work.

The second option to avoid the extension is to include in the contract before the expiration of five years you require occupancy. However to avoid discussions with the tenant stated in the contract clearly and succinctly the reasons why you need housing. If you included this clause in the contract and recover your home is worth remembering that you must deal effectively in the three months following the end of the contract, because if they do so, you must return the tenant's use and enjoyment of the dwelling by a new period of five years or pay compensation to an amount equivalent to the rent for the remaining time up to five years.

2 .- What rights do I have in the case of execution of works in a leased facility?

  • We must distinguish the nature of the work, because if it works for the conservation of the property, the tenant has to bear, although it is very annoying and may request a reduction in the payment of rent in proportion to the part of local housing is deprived of that work.
  • If this is improvement works, the tenant shall be entitled to cancel the contract, and if they can prove damages for the withdrawal, you can ask them to recover.

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