Hello all,

I am in a situation where I have a tenancy of a flat in Madrid which is the standard year contract which can be extended up to 5 years, on a yearly basis. The long and short is that we have had many problems with the flat and we have decided to move on.

Our first year is up at the end of August (31st) and therefore I assume we will automatically renew for another year if we do not give notice. (article 9 LAU?)

The problem is...what if we cannot find a new flat in time? August is a terrible month to be searching for flats as everyone seems to be away on holidays.

I have heard that once you have completed the first year, then you can give notice (1 month) at anytime afterwards. So in theory, if we cannot find a flat before 1st Sept then we continue to live (and pay rent) where we are and if we find a flat for Oct/Nov we can give one month notice. BUT are we still liable for the remainer of the new year?

Alternatively, if we inform the landlord 1 month before the 1st Sept that we are looking to move but may not find a new place for 1st Sept, can we contine month by month until we are ready to leave? Is this only at the agreement of the landlord? What is our legal position?

I hope what I've written is clear enough for a response. I'm really worried about this because I do not want to enter into another binding year where I am and I don't want to be rushed into accepting another flat that is not suitable only because of the time constraints being forced on us.

Thanks
RG