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Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I am renting a property in spain I have a written contract

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I am renting a property in spain I have a written contract from the landlord who resides in England my contract is in English I have signed it but he didn't ,it was a long term contract for three years he has now changed his mind and says he wants me to sign a Spanish contract for 11 months only and I am not allowed to stay any longer,he is also asking for a set of his keys back as he gave me two sets how do I stand legally
Hi, thanks for your question, I will assist you with this.

The English contract would not actually be valid in any event in a Spanish Court.

Under Spanish law, the usual rental contracts are for 11 months, this is to ensure a tenant has essentially fewer rights. With long terms contracts of less than 5 years in Spain (such as the 3 year one you agreed) you would automatically have the right to renew for example whether or not he wanted to renew claiming rights against the property.

However, the 11 months contract can be renewed each year for a further 11 month term, but it must be a new contract each year.

The difficulty he has is that you essentially are in residence in the property and he cannot simply throw you out - even if you stopped paying rent. He would have to take you to court, which can be a very long process in certain provinces. Also, he would have to prove you were in breach of a contract and as he doesn't have a contract he cannot prove that!

He has absolutely no right to a set of keys. He cannot enter the property without your permission. If he/his girlfriend become abusive or threatening, tell them you will denounce them to the Guardia Civil or even Court.

If you really want to stay there then that is a decision for you. However, if you do agree the short term contract tell him that you want an official contract registered with the provincial government. Then this will have to be declared and he will pay taxes on it.

I hope this assists. If you have any further questions, please ask.

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