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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6259
Experience:  Spanish Attorney
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I have a property on Mallorca. I have rented it out for 12

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I have a property on Mallorca. I have rented it out for 12 months under contract . In the contract it states that after one year, the contract can be extended by mutual consent to a further year and up to three years. The tenant has contacted me stating he intends to extend the contract for another year and there is nothing I can do about it. I obviously do not give my consent and want the property back. What is my legal position, thank you Stuart Mcgowan

Hi. If the year is end now you can do nothing and must wait 2 more years. But if you are on time, 1 month until the contract expires you can ask him to go by writting and he will have to go. José M spanish atorney

Customer: replied 1 month ago.
The year is not complete until the 16 th March 2018 so if I serve him notice very soon he must leave. If he stil refuses to leave who do I go to to enforce the eviction

Yes, You are on time until 16th february to let him know you want to end the contract If you do on time ( keep a probe you do it) he must go at the end of the contract. So, send him a burofax, certificate mail, or similar to probe you notify him and that´s will be all. Remember that the contract MUST SAY that the contract is for 1 year (temporada ) if the contract do not say so, tenant is right and if he wants to stay he could be 3 yaers. So read the contract carefully to know if it says one year ( contrato de temporada) Or scan it and I will study for you. Thank you

Customer: replied 1 month ago.
I will scan contract together with copy email asking him to vacate. If you feel it is correct and can suggest wording of letter to vacate I will serve copies of it by various means to ensure he receives it even personally by going to Mallorca if needs be Can I have your email address please

Y​es I can give you my mail but I need to follow the rules of this site and send you an offer to be accepted for you. You do not need to go to Mallorca, there are several ways to make it sure enought without riskies and as long we will be on touch if you accept the offer we could study the best way. Thank you.

José M. and other Spain Law Specialists are ready to help you
Customer: replied 1 month ago.
Ok so far ok. Can we be in contact by email, regards stuart

I send you may mail. Thank you. We will continue this way.