Giving Notice

rjg_01 · 07-16-2010, 10:27 AM

Hello all,

I am in a situation where I have a tenancy of a flat in Madrid which is the standard year contract which can be extended up to 5 years, on a yearly basis. The long and short is that we have had many problems with the flat and we have decided to move on.

Our first year is up at the end of August (31st) and therefore I assume we will automatically renew for another year if we do not give notice. (article 9 LAU?)

The problem is...what if we cannot find a new flat in time? August is a terrible month to be searching for flats as everyone seems to be away on holidays.

I have heard that once you have completed the first year, then you can give notice (1 month) at anytime afterwards. So in theory, if we cannot find a flat before 1st Sept then we continue to live (and pay rent) where we are and if we find a flat for Oct/Nov we can give one month notice. BUT are we still liable for the remainer of the new year?

Alternatively, if we inform the landlord 1 month before the 1st Sept that we are looking to move but may not find a new place for 1st Sept, can we contine month by month until we are ready to leave? Is this only at the agreement of the landlord? What is our legal position?

I hope what I've written is clear enough for a response. I'm really worried about this because I do not want to enter into another binding year where I am and I don't want to be rushed into accepting another flat that is not suitable only because of the time constraints being forced on us.

Thanks
RG

Lawbird Lawyer · 07-26-2010, 01:41 PM

Dear Sir or Madam

If you overstay in the property for more than 12 months without opposition from the landlord the contract is automatically renewed for another 12 months. From then onwards you are legally entitled to stay in the property for another 4 years (totalling 5 years in all).

The contract is not extended or renewed month-by-month as you imply unless expressly agreed in writing as an annex to the Tenancy Agreement with your landlord.

If you want to bail out from the property you must give by law 30 day's notice or whatever notice period that has been agreed in writing with your landlord.

Should you overstay for another year (automatic renewal of the Tenancy agreement) and say a month later you give notice to leave, you will be held liable to pay the remaining 11 months of the year which the landlord may or may not opt to pursue legally from you.

In any case the initial security deposit of 1 or 2 month's let will be forfeited to offset the landlords pecunial loss.

Bottom line, give notice one month ahead of the contract's expiry term and find yourself another accomodation. I would advise you do this by means of a recorded delivery letter (burofax).

More articles on rentals:

10 Common Mistakes to Avoid on Renting Property in Spain - 22nd April 2010

Rent-to-Buy Or How To Profit From Spain's Market Downturn – 5th November 2009

Express Eviction Law Passed by Congress – 30th October 2009

Non-Paying Tenants? No Longer an Issue – 23rd October 2009

New Express Eviction Law: Much Ado About Nothing -13th July 2009

Paying the Rent Late Twice will be Cause of Eviction – 4th June 2009

Spanish Express Eviction Law Pre-Approved – 24th December 2008

Landlords Afraid of Non-Paying Tenants Take Pre-emptive Measures -16th September 2008

Landlord: Keys to Successful Rental Income – 31st January 2008

How to Evict Non-Paying Tenants – 17th December 2007

Yours sincerely
Raymundo Larraín Nesbitt

rjg_01 · 07-26-2010, 01:59 PM

Raymundo

Many thanks for your reply. You have confirmed what I had thought.

Since posting my query, we have negotiated with our landlord that, when the contract renews, it will renew on a monthly basis and we can give 1 months notice. This has been confirmed in writing and sent registered.

Thanks again
RG

Lawbird Lawyer · 07-26-2010, 02:03 PM

You are welcome RG. I'm glad it's all sorted out now.

Apologies for the belated reply, I was on my holiday break and I'm still catching up with all the legal queries, both online and offline.

Regards

rjg_01 · 07-28-2010, 02:40 PM

No problem at all. I'd like to thank you for all the time you give to answering all these queries/problems raised here.

Lawbird Lawyer · 07-28-2010, 02:45 PM

Anytime.

Regards

07-16-2010, 10:27 AM	#1
rjg_01 Junior Member Join Date: Jul 2010 Posts: 3	Giving Notice Hello all, I am in a situation where I have a tenancy of a flat in Madrid which is the standard year contract which can be extended up to 5 years, on a yearly basis. The long and short is that we have had many problems with the flat and we have decided to move on. Our first year is up at the end of August (31st) and therefore I assume we will automatically renew for another year if we do not give notice. (article 9 LAU?) The problem is...what if we cannot find a new flat in time? August is a terrible month to be searching for flats as everyone seems to be away on holidays. I have heard that once you have completed the first year, then you can give notice (1 month) at anytime afterwards. So in theory, if we cannot find a flat before 1st Sept then we continue to live (and pay rent) where we are and if we find a flat for Oct/Nov we can give one month notice. BUT are we still liable for the remainer of the new year? Alternatively, if we inform the landlord 1 month before the 1st Sept that we are looking to move but may not find a new place for 1st Sept, can we contine month by month until we are ready to leave? Is this only at the agreement of the landlord? What is our legal position? I hope what I've written is clear enough for a response. I'm really worried about this because I do not want to enter into another binding year where I am and I don't want to be rushed into accepting another flat that is not suitable only because of the time constraints being forced on us. Thanks RG

07-26-2010, 01:41 PM	#2
Lawbird Lawyer Senior Member Join Date: Oct 2008 Location: Marbella Posts: 1,100	Dear Sir or Madam If you overstay in the property for more than 12 months without opposition from the landlord the contract is automatically renewed for another 12 months. From then onwards you are legally entitled to stay in the property for another 4 years (totalling 5 years in all). The contract is not extended or renewed month-by-month as you imply unless expressly agreed in writing as an annex to the Tenancy Agreement with your landlord. If you want to bail out from the property you must give by law 30 day's notice or whatever notice period that has been agreed in writing with your landlord. Should you overstay for another year (automatic renewal of the Tenancy agreement) and say a month later you give notice to leave, you will be held liable to pay the remaining 11 months of the year which the landlord may or may not opt to pursue legally from you. In any case the initial security deposit of 1 or 2 month's let will be forfeited to offset the landlords pecunial loss. Bottom line, give notice one month ahead of the contract's expiry term and find yourself another accomodation. I would advise you do this by means of a recorded delivery letter (burofax). More articles on rentals: 10 Common Mistakes to Avoid on Renting Property in Spain - 22nd April 2010 Rent-to-Buy Or How To Profit From Spain's Market Downturn – 5th November 2009 Express Eviction Law Passed by Congress – 30th October 2009 Non-Paying Tenants? No Longer an Issue – 23rd October 2009 New Express Eviction Law: Much Ado About Nothing -13th July 2009 Paying the Rent Late Twice will be Cause of Eviction – 4th June 2009 Spanish Express Eviction Law Pre-Approved – 24th December 2008 Landlords Afraid of Non-Paying Tenants Take Pre-emptive Measures -16th September 2008 Landlord: Keys to Successful Rental Income – 31st January 2008 How to Evict Non-Paying Tenants – 17th December 2007 Yours sincerely Raymundo Larraín Nesbitt __________________ Lawyer/Abogado Lawbird Spanish Lawyers

07-26-2010, 02:03 PM	#4
Lawbird Lawyer Senior Member Join Date: Oct 2008 Location: Marbella Posts: 1,100	You are welcome RG. I'm glad it's all sorted out now. Apologies for the belated reply, I was on my holiday break and I'm still catching up with all the legal queries, both online and offline. Regards __________________ Lawyer/Abogado Lawbird Spanish Lawyers

07-28-2010, 02:45 PM	#6
Lawbird Lawyer Senior Member Join Date: Oct 2008 Location: Marbella Posts: 1,100	Anytime. Regards __________________ Lawyer/Abogado Lawbird Spanish Lawyers

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07-26-2010, 01:59 PM	#3
rjg_01 Junior Member Join Date: Jul 2010 Posts: 3	Raymundo Many thanks for your reply. You have confirmed what I had thought. Since posting my query, we have negotiated with our landlord that, when the contract renews, it will renew on a monthly basis and we can give 1 months notice. This has been confirmed in writing and sent registered. Thanks again RG

07-28-2010, 02:40 PM	#5
rjg_01 Junior Member Join Date: Jul 2010 Posts: 3	No problem at all. I'd like to thank you for all the time you give to answering all these queries/problems raised here.