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Unregistered
03-21-2010, 12:19 PM
I am trying to find a sample agreement to use as the basis for letting my house to a family for four months, prior to them buying it. My lawyer seems unable to provide anything remotely adequate. I have emailed several other Spanish law firms asking if they have a contract, but they have not bothered to reply.
Can anyone tell me where I might find:

1. A decent sample contract that I can adapt.
2. An English (or even Spanish) copy of the Urban Tenancy Act 1994.

or: a Spanish lawyer who can provide a contract at reasonable cost.

Thanks

Lawbird Lawyer
03-22-2010, 11:57 AM
Dear Sir or Madam,

A link to Law 29/1994 in Spanish can be found here: Urban Tenancy Act (http://noticias.juridicas.com/base_datos/Privado/l29-1994.html)

Regarding providing you with a template for a lease contract we are unable to comply. You can try googling one adapting it to your own needs.

If what you want is to hire us to professionally draft you a Tenancy agreement tailored to your own needs we charge €200 plus 16% VAT.

As a word of caution, the danger in using templates or not retaining a lawyer to draft a seasonal (short-term) contract professionally is that your tenant may be able to (over)stay in your property for the next 5 years if he wishes despite the wording of your Tenancy agreement. Tenancy laws in Spain are biased towards tenants for historical reasons.

More on the pitfalls of poorly drafted Tenancy agreements here:

Expat Legal-Gossip Gathering Pace (Part 1) (http://belegal.com/blog-by-antonio-flores/expat-legal-gossip-gathering-pace-part-1/) -27th February 2010

Common Misconceptions about Spanish Rental Contracts (http://belegal.com/blog-by-antonio-flores/spanish-rental-contracts/) -21st November 2008

Yours sincerely,
Raymundo LarraĆ*n Nesbitt

Pedrizas
03-22-2010, 02:21 PM
Dear Lawbird,

Thank you very much for your response and the links. I am particularly interested in this statement:

A contract under 12 months is not necessarily of short term duration. Under Spanish law rental contract terms (for accommodation purposes) are to be freely agreed between the parties but if the tenant can prove that this property has become his habitual home (not a too difficult task) he will be entitled to extend the term up to 5 years.

This is my number one concern because I am letting the house unfurnished, and the tenants will be moving out from the house they have rented for the past year. So my house could definitely be regarded as their home for the duration of the letting period.

I would be happy to have you draw up a suitable contract, but on this specific issue, is it actually possible to include anything in the contract which prevents the tenant from being granted an extension?

Lawbird Lawyer
03-22-2010, 02:27 PM
You are welcome Pedrizas.

Well of course, that's why it is advisable to retain a lawyer to draft a Tenancy agreement so it is legally watertight and is regarded by a law court as short-term (waving the compulsory 5-year tenancy).

Many Landlords make the wrong assumption that only because their contract satates in big bold black letters that it's an eleven month contract it is automatically regarded as a short-term one by a judge when it's simply not the case if it's challenged legally.

There's ample jurisprudence on this matter.

Please contact us (http://www.lawbird.com/services/contact) to take your matter forward.

Regards,
Raymundo LarraĆ*n Nesbitt