The Spanish government has recently passed new laws aimed at encouraging property owners to rent out their properties. It is hoped that, by simplifying the eviction process, non-resident homeowners will be tempted to become landlords. The new law will also speed up the judicial process with which landlords were formerly faced when requesting that tenants vacate the property due to non-payment of rent.
The new legislation has resulted in three basic improvements to the current system.
· Firstly, there has been a reduction of the time period for filing an eviction application from two months to four weeks from the landlord's formal request for payment of outstanding rent. Of course, should the tenant make good the situation in the meantime, this application can be avoided.
· Secondly, the execution of an eviction order can be performed rapidly. A court sentence is now sufficient for the eviction notice to be carried out on the day noted in the sentence.
· Thirdly, the entire process can now be undertaken verbally, without the need for complicated documentation. Theoretically, this will allow for the passing of a court sentence in as little as five days.
The new law also means that, in certain circumstances, the landlord will no longer be bound to a minimum contract of five years. The instances in which he or she can end the contract now includes cases in which the property is required for personal use, extended to parents, children or spouse.
However, these contractual limitations must be included in the rental contract and, if the tenant finds that the property has not, in fact, been used for the purpose claimed in the termination of the agreement, the landlord will be compelled to return to him the use of the property. Additionally, he will be obliged to pay financial compensation to cover the costs of finding alternative accommodation.
Again, these conditions should be clearly stated in the rental contract in order to facilitate swift action in the case of non-fulfilment by either party.
If you would like to know how these new laws might affect you – either as a landlord or a tenant – the team at Perez Legal Group can offer you help and advice. Our highly experienced lawyers will be able to answer all your questions and put your mind at rest.