Tenants and Landlords
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Tenants

When renting a house, apartment or commercial premises, it might happen that you breach certain obligations corresponding to you as the tenant. But if you are backed by good legal advice and expertise to ensure that the lease meets your needs, this security will enhance the effectiveness of the tenancy relationship so that, in the event of any breach or failure to comply with obligations, the tenant's rights will be strongly and effectively protected. This may save you considerable time, problems and money.

In addition, if your dwelling is located in Spain, tenants are well protected by Spanish law against their landlords. You should be aware of the rights you possess. For example, Article 21.1 of the Law on Urban Leases lays down that the landlord is "bound to carry out all repairs that may be required to maintain the property in suitable habitable conditions to meet the agreed use thereof". Moreover, current law provides for certain reductions in rent in cases where, while repairs are being undertaken, parts of the dwelling cannot be used.

You (or your legal adviser) should be aware of the applicable law in this regard with a view to defending your interests as a tenant.

Landlords assistance

For the owner, the terms of the lease are perhaps even more important than for the tenant. It should duly record amongst other matters the form of tenancy, its duration, deposits and securities, the type of rent, any subrogation of rights, etc. It is therefore up to the owner to ensure that the lease is drawn up properly.

Claims of rental payments from tenants:

Nowadays, it is not uncommon for tenants to default on rental payments. This is a complex situation that can become a nightmare for owners. The solution to this problem is for one of our associates at Lexland Abogados, who specialises in Property Law, to send an initial demand for payment to the tenant by way of a certified fax, which will, if required, enable us to initiate judicial proceedings. This demand sets out the sums due and the basis of the debt, and invites the debtor to put an end to the dispute.

If no reply is received, the same lawyer will attempt to get in touch with the tenant to try to negotiate an amicable solution.

This kind of approach will often achieve the desired outcome, with due payment being made by the tenant of the rent owed. But if not, we at Lexland will then proceed to institute legal proceedings in court for eviction of the tenant for failure to pay. The courts tend to view in a positive light exhausting the negotiating, extra-judicial approach so far as possible. Raising an action in court is therefore always the last resort.

Eviction:

The amendment has recently been approved on Spanish legislation regarding measures to speed up the eviction processes and recovery of their homes by the landlords. Added to the reasons for which eviction of a tenant can be requested is the expansion of the cases under which compulsory extension of the lease is inappropriate. Therefore, if the proprietor needs the dwelling for his children or family, it will be possible to request immediate eviction.

Another of the legal innovations is that it's possible to reduce to one month the term that must pass from the moment the landlord requests payment of the arrears to the moment he can file a lawsuit. Therefore, if the judge deems that it occurs with justifiable cause, the tenant will have 15 days to vacate the property voluntarily. Otherwise it will be the authorities who will proceed with the eviction. It is important for the lease agreements to always include clauses in this sense.