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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6056
Experience:  Spanish Attorney
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Hello, Could you please advise regarding a let to buy agreement.

Resolved Question:

Hello,

Could you please advise regarding a let to buy agreement. I agreed to let my property with a view to it being purchased within a year. The contract was not signed until later in the yera and now the tenant is saying that they are entitled to stay in the property from the date of the signed contarct and not the verbal and by email from the Estate Agent to say that the rental would be from January 2013 to January 2014.

My understaning is i. Verabl contarct is binding in Spanish law any contract for dtaes must be agreed by both parties. We want them to now purchase and not rent for another 6 months.

Could you please advise.

Thank you
Paul
Submitted: 3 years ago.
Category: Spain Law
Expert:  José M. replied 3 years ago.

José M. :

Hi there

José M. :

José m spanish attorney

José M. :

As long as you could no probe the buy contract agrement, we have just that you have rented.

José M. :

In Spain a rent contract could be less than 1 year time or five years

José M. :

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

José M. :

In the worst place for you he will have to leave before this year

José M. :

You have no chance to force him to go before this year time. In court he will get the right to stay this year

José M. :

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

José M. :

Remember, they have right to stay one year but you have to notify them to go one month before the end on this year

José M. :

I will be here if needed, ask so many times as you were plenty satisfied wuth the service

José M. :

I will do my best to help you, thank you

Customer:

Jose,

José M. : Hi there
José M. : I am on line
Customer:

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 ?

José M. :

Well, the contract will be valid as soon as we could prove it. So in the worst screen when you sign it

José M. :

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

José M. :

Now you has to tell them to broke the contract as soon as posssible

José M. :

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

José M. :

Let me know if I am been clear enought, please

Customer:

Jose,

José M. :

Hi

Customer:

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

José M. :

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

José M. :

To recognice now that the contarct was made in January 2013 forces you to let him to sytay for 5 years if he wants

José M. :

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

José M. :

This is your best option

Customer:

Last question, even if the contract was written January 2013 - January 2014, it can be valid for 5 years ? Thanks

José M. :

The spanish law says that rent contract for homes will be less than a year time or 5 years

José M. :

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

José M. :

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

José M. :

That it is because i recomend you to make valid the signed contract in Octuber and denounce your decission of broking it in September

José M. :

It is the safest way for you

Customer:

jose, thank you

José M. :

Thank you

José M. :

Did I get to be clear enought ?

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