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Good morning everyone.

My grandson has a problem, he has a 11 month housing contract here and the landlord now wants him out in order to sell the house. He has been in the house 3 years nearly and has only signed the contract once. The landlord has suggested two months notice to quit is required(it’s stated in the contract) however my grandson suggests he has rights to a further year. We normally take issues like this to the lawyers but we have called a few locals and they are very slow calling back to arrange an appointment. So in the meantime I thought I would ask the opinions of your good selves. What do you think ?


Mr Jones.
This is what the LAU says:

¿Cuándo puede solicitar recuperar la vivienda el propietario? Éste podrá solicitarla como residencia habitual, únicamente, en caso de necesitarla para él o un familiar de primer grado (o su cónyuge, tras el divorcio o nulidad), una vez que haya transcurrido, al menos, un año, desde la firma del contrato, y siempre que se lo comunique al inquilino con, al menos, dos meses de antelación (anteriormente, estaba obligado a arrendar su vivienda, como mínimo, cinco años)

Aunque inquilino y propietario pueden firmar un contrato de tan sólo un año de duración, si el inquilino quiere, éste se prorrogará hasta los tres años y el propietario no podrá disponer de su vivienda hasta entonces, salvo que consiga justificar la necesidad de uso de la misma

It says a landlord can only serve the tenant with notice if he/she needs the property for himself or immediate family i.e child or wife otherwise they are obliged to rent it for 3 years (the old law was 5 years). It appears the landlord is within his rights as the 3 years has elapsed and he is giving the statutory 2 months notice.

I read in another clause that the tenant can deny the landlord the right to show the property to prospective renters or buyers.

You can serve notice on a tenant but if the tenant refuses to acknowledge it then the process to remove them is difficult, so to a degree he has the option of dragging his feet but also the liabiltity to compensate the landlord for his legal expenses if a court ordered eviction is required , I imagine he is a good lad and wouldn’t do this, however plenty of people live for free under the current system which gives far too much protection to no marks in my humble opinion.
Yes spain chas.

When you are in dispute, you can’t enter your own property, and you are obliged to provide water and electric regardless of any rental income.

If you go to court and win the eviction it costs a fortune and you can get the judge to award your costs and lost revenue to the tenant which is fine as long as they don’t hop on the next plane to Sweden or Bulgaria or whatever.

SDS Drill

Many thanks

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