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José m spanish attorney
As long as you could no probe the buy contract agrement, we have just that you have rented.
In Spain a rent contract could be less than 1 year time or five years
In my opinion your best chance is to recognice the rent contract for a year time and comunicate them your decision to finish it one month before until it ends
In the worst place for you he will have to leave before this year
You have no chance to force him to go before this year time. In court he will get the right to stay this year
So, once you know their right and that we are in weak position the best way to manage will be to get an agrement which will be good enough for you and make it real in writting or let them stay one year and forget them before this time
Remember, they have right to stay one year but you have to notify them to go one month before the end on this year
I will be here if needed, ask so many times as you were plenty satisfied wuth the service
I will do my best to help you, thank you
Thank you for your answer, but I am still not clear, is the rent to buy contract valid from the date on the contract January 2013 - 2014 or is the contract valid from when I signed it in October 2013 ? I understand the one year rule and the one month notice, the tenant has been in my property since January 2013, over one year ! She is saying the contarct is valid form my dtae of signing and not the date on the contract in January 2013 - is this right ?
Well, the contract will be valid as soon as we could prove it. So in the worst screen when you sign it
So, if you signed in January 2013 it is valid until January 2014 and if you do not broke it it will be valid for 5 years
Now you has to tell them to broke the contract as soon as posssible
And once you tell to broke the rent contract ,start the time to make a sell out agrement with him and make it by writting if you want
Let me know if I am been clear enought, please
Thank you. Please advise the contract is valid from the January 2013 - January 2014 or when I signed in October 2014. I was advised by the estate agent and have email evidence that the rental was for one year and possibly earlier. Would you advise I I get a Spanish Notary to write to her to state she in is now in breach of contract and she will have one month to either purchase or move out ? Many thanks. Paul
You could make to be valid the contract since you make it, but now to go through this way is no good for you. And it is no good for you because if you did not denounce the contract 1 mont after it expires you agree to make it for 5 years ( as the law says ) So your best chance now is to recognice the validity in Octuber and in September denounce the contract end and force him to leave in Octuber
To recognice now that the contarct was made in January 2013 forces you to let him to sytay for 5 years if he wants
So, the best for you its to forget the past and recognice the reality of the writting contract and force him to go in Octuber denouncing the end in September 2014
This is your best option
Last question, even if the contract was written January 2013 - January 2014, it can be valid for 5 years ? Thanks
The spanish law says that rent contract for homes will be less than a year time or 5 years
So, if we have lost the chance to broke the contract in the first year we have to let him decide if he wants to stay until the maximun of 5 years
The decission if for him. He could decide to go every year in January tellling you his decission two monts before the end of the year
That it is because i recomend you to make valid the signed contract in Octuber and denounce your decission of broking it in September
It is the safest way for you
jose, thank you
Did I get to be clear enought ?