Recovering leased housing

Renting or lending our home to a third party can bring with it a number of legal issues. For this reason, it is necessary to seek legal advice before and during the leasing process. Now, if you have already lent your house to a third party and now you want to get your house back, we will explain the steps to follow.

Leasing laws

 

In order to regulate this process, laws have been established to ensure that tenants do not lose their homes. First of all, you should know that throughout Spain the Law of Urban Leases (LAU) is in place to protect the agreements between tenants and lessees.

According to this law, it is established that legal contracts must last between 5 to 7 years, depending on whether they are individual or legal entities. Legal entity means a company or organization with a specific purpose.

The Urban Leasing Law (LAU) also specifies that certain guidelines must be met in order to carry out this process. First of all, it is necessary for both parties to reach an agreement on the home loan. In turn, in all agreements, the tenant agrees to maintain the property in good condition.

On the duration of the contract

A lease contract has a term of 5 to 7 years. However, if the tenant wishes to vacate, he/she must notify the tenant 30 days prior to vacating. On the other hand, if the tenant wants to renew his contract, a new one will be established between the tenant and the landlord.
However, if the lessor wants to repossess the property before the agreed term, he must inform the lessee at least 2 months in advance. This is in order for the tenant to look for another place to live and not be harmed by the situation.

Whereas, if the contract term comes to an end and neither party contacts the other, the contract will be automatically renewed. In order for the lease not to be renewed on an annual basis, it is the lessee’s obligation to notify the lessor prior to the renewal term.

What to do to repossess a leased property before the deadline?

If you need to recover the rented housing for yourself or a close relative, you have to follow some protocols so that there is no legal problem. According to article 9.3 of the LAU, the requirements for repossessing your home are as follows:

You should be aware that this situation can arise at any time. For this reason, it establishes this agreement at the time of entering into a contract.
The minimum period for repossessing a leased property is one year. In other words, the tenant must have lived in the dwelling for at least one year.
In the case of legal entities, the lessor shall be obliged to comply with the contract. Therefore, it will not be possible to recover the leased property in this case.

Finally, the landlord is committed to notify the tenant of this decision in advance.

Who can use the repossessed housing?

Once the leased property has been repossessed, the tenant may make use of it. It is also possible that the owner’s immediate family members, i.e. children and parents, may occupy this property.

In addition, the landlord’s romantic partner may use the dwelling if a divorce settlement is made.

In conclusion, if you wish to lease your home to a third party, it is necessary that you stipulate your contract properly. Therefore, it is necessary that you have the supervision of a lawyer specialized in the subject. We encourage you to learn more about the subject.