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charlieg
14-04-2013, 00:32
Does anyone know a bit about Spanish rental law? I have an 11-month rental contract and am 6 months into it. I have provided the landlord with a month’s notice that I am leaving and he tells me I am liable to pay the rent until the end of the 11 month period, as it states this in a clause in my contract if I terminated the contract early. There was no get out clause for me in this contract. Can you tell me if it is legally enforceable that I would have to pay until Sept? He has a 2 month deposit from me and obviously I would like to get this back. I am also trying to find him another tenant to take over the lease but he is being very unhelpful and putting potential people off taking on the property.

Goldenmaniac
14-04-2013, 10:51
Basically the agreement is a Private contract and within Spanish law can include all sorts of clauses that you agreed to when you signed it (whether you understood it or not) In reality if it was not notorised at the time of signing it is harder but not impossible to enforce by either party, but court costs can be prohibitive.
To be sure ask an Abogado (Lawyer) there are some that speak English it will cost you around 100 euros but you will know for sure.

charlieg
14-04-2013, 11:53
Thanks for the info. I was told that the law changed last Oct so that a tenant needs only give 1 month notice if they have lived there for more than 6 months. I don't know whether this counters an existing contract clause stating you need to pay till the term finishes. But I'll check it out with an abogado anyway.

Balcony
14-04-2013, 12:01
You have not completed the contract you signed to pay 11 months rent. Of course you can leave the property earlierearlier, but you must pay the balance of the 11 months rent. If you stayed past the 11 months without a new contract then you could simply give a months notice without penalty.

It's no different when you sign up for, say, a mobile phone, or internet services at home. You sign an 18 month or 2 year contract. If you want to cut it short you have to pay whatever is due on the rest of that contract.