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PROPERTY

Renting in Spain: When can a landlord legally kick out a tenant?

What legitimate reasons can a property owner in Spain give to ask their tenant to leave?

REASONS-EVICT-TENANT-SPAIN
Generally speaking, the breaching of any clause of the rental contract is justifiable grounds for evicting a tenant in Spain. (Photo by LOIC VENANCE / AFP)

There are good and bad landlords in Spain, and there also are good and bad tenants. Sometimes, the decision to end a rental agreement comes as a result of other reasons.

Either way, tenants and landlords alike may at some point need to consider the conditions under which a landlord can break the rental contract and require their tenants to leave. 

Here are the reasons which according to Spanish law can be given to end a rental agreement:

Not paying rent

An obvious one, as this is the tenant’s main contractual responsibility. If you don’t pay the rent, the landlord is within their rights to evict you if the payments break any late-payment agreements you might have. Be sure to check the contract, and as a landlord it may be worth getting rental default insurance if this happens.

READ ALSO: Is getting rental default insurance worth it for landlords in Spain?

Animals at home

Many rental contracts include clauses specifying whether the tenant can have pets in the house. Some landlords are happy to have pets, but if they specify that he or she doesn’t want animals in their property and the tenant breaks the terms of the contract, the landlord is within their rights to evict them.

Termination of the contract

When the rental contract actually ends, the tenant is obliged to leave the property. In this sense, the owner must communicate, at least 30 days in advance, his willingness not to renew the rental agreement. Otherwise, the lease will be extended.

READ ALSO: What’s the law on squatting in Spain?

Subletting

Most rental contacts in Spain expressly forbid the subletting of properties or rooms in the contract. If the tenant isn’t contractually allowed but sublets the property anyway, they can be kicked out.

READ ALSO: Is subletting ever legal in Spain?

Not keeping to ‘comunidad‘ rules

If a tenant doesn’t respect the rules of ‘la comunidad‘ (like a homeowner’s association) in the building where the rented property is located, the landlord could be within their rights to evict them. Often the landlord may be friendly with el presidente of the homeowner’s association, and violations could include any number of things, but generally relates to behaviour that is annoying, unhealthy, harmful, or dangerous to other residents.

In those cases, la communidad itself could initiate legal action against the tenant with the aim of immediately evicting the tenant.

READ ALSO: ‘La comunidad’: What property owners in Spain need to know about homeowners’ associations

Illegal activities

It almost goes without saying, but if a tenant is undertaking illegal or illicit activities in the property the landlord is well within their rights to terminate the contract and kick the tenant out.

Doing work on the house

Tenants cannot carry out major works on the property without the express written consent of the owner. Any refurbishments that alter the configuration of the house (including storage rooms and parking spaces) must be agreed to in advance by the landlord. Otherwise, the tenant could be forced to repair the damage, and will likely have their rental contract terminated.

 

Purchase/sale of the property

If a landlord sells the property, the new owner can evict the tenant if they wish. If that does happen, tenants do have some legal rights and can’t be turfed out onto the street immediately – they can usually stay for a maximum of three months from when the property is sold.

The landlord needs the property

If the landlord or any of his or her family members (by blood, adoption or ex-husbands and wives) need the property for themselves, they must inform the tenant and grant them a two-month period to vacate the property. For this to be possible, the Urban Leases Law requires that at least one year of validity of contract has elapsed, and the landlord or family member must occupy the house within a maximum period of three months after the tenant is evicted.

Breach of contract

Generally speaking, the breaching of any clause of the rental contract is justifiable grounds for evicting a tenant. We have outlined several potential contract breaches above, but it is worth remembering that, technically, a landlord is within their rights to kick out a tenant for any breach of any clause in the contract – so be sure to read the small print.

READ ALSO: Tenant or landlord – Who pays which costs in Spain?

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PROPERTY

How the new web page to find cheap homes up for auction in Spain works 

Spain’s Tax Agency has created a new web page where you can find great bargains on properties sold at auction. Here’s what you need to know.

How the new web page to find cheap homes up for auction in Spain works 

If you’re looking for a property to buy in Spain, one option you may want to consider is buying a home at auction, where you will often pay below the market value.

In Spain, the Agencia Tributaria or Tax Agency owns many properties, most of which have been repossessed or seized due to outstanding debt.

Many of these properties are put up for auction, enabling you to get some great bargains. Up until now, it has been difficult to find out when these auctions are held and the details of the homes being sold, but recently the Agencia Tributaria launched a new web page providing all this information.

The page provides details on all the properties in all the different provinces across the country and is dedicated to the sale of homes, garages, plots of land and commercial spaces with prices from just €20,000. You can access the site here

When you get to the page, simply click on the province that you’re interested in and you’ll find a list of all the properties to be sold at auction there, including photos, information on the size and number of rooms, a description, and a guide price.

The site will also give you financial information such as the minimum bid amount, the auction value and an appraisal of the property.

When you find some properties that you’re interested in, you can go and log-in with your [email protected] PIN to save them to your favourites list and receive notifications to your phone about the date of the auction.

READ ALSO: How to save lots of time on official matters through Spain’s online [email protected] system

According to property giant Idealista in order to place a bid, you must pay 5 percent of the starting price and when the auction is over, if you are the highest bidder, you will have to pay the remaining amount within a particular time frame. You can pay this in cash or through a mortgage. 

Be aware that you may also have to pay several fees, as well as the price of the property such as the Patrimonial Transfer Tax and Tax on Documented Legal Acts. 

If you register on the Auction Portal with your digital certificate or a username and password, you will also be able to see the bids that have already been made on the home, as well as the cadastral reference. You may also be able to place provisional bids ahead of time.

For those who are unsure of how the auction process works in Spain or are nervous about going to their first auction, the Tax Agency website also details all the auction and bidding procedures. For any other information that you can’t find online, you can call 91 598 63 34.

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