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View Full Version : What is legally considered a Long Term Rental in Tenerife?



Balcony
09-07-2011, 15:52
I should know the answer, but I don't as it's on the old forum threads I had.

To comply legally in Tenerife is a long term rental a rental for a minimum period of 1 year?

slodgedad
09-07-2011, 15:55
I may be wrong but I have always been told that it's 6 months.

atlantico
09-07-2011, 15:55
its been stated that it's 3 months, 6 months and 12 months. But the important factor is that it has to be legally set up. ie with NIE and Notary signature. Otherwise, it don't matter if its for a 10 year contract, if its not legal !


Woah ! How did THAT happen ? All I did was type NIE and it linked to another thread automatically !! But it didn't this time !

Balcony
09-07-2011, 15:57
A Notary's signature. Ooo, boy, sounds expensive. But maybe that's the only way the contract can be enforced.

its been stated that it's 3 months, 6 months and 12 months. But the important factor is that it has to be legally set up. ie with NIE and Notary signature. Otherwise, it don't matter if its for a 10 year contract, if its not legal !


Woah ! How did THAT happen ? All I did was type NIE and it linked to another thread automatically !!

atlantico
09-07-2011, 15:59
precisely , if its not legal it can't be enforced !


NIE ah ! it worked that time !

what about residencia ?? ah, that worked too !

Balcony
09-07-2011, 16:10
I decided to rummage in the loft and I just found one of my reference books and was surprised it had a reference to this.

It says that from 1995 under the law of urban lettings (Ley de Arrendamientos Urbanos) a rental contract for a principal home has a minimum duration of 5 years and is renewable annually by mutual consent. A contract is tacity increased by one year if the tenant doesn't give the landlord 30 days notice before the end of the year and rent increases are limited to the rise in the consumer price (inflation) index.A tenant must pay a deposit of one month's rent (two month's rent if the property is furnished) against damage. Tenants may be required to pay property tax and community fees if it's specified in the contract.

It goes on to that that if you're a landlord you must be careful not to fall into the trap whereby you sign a temporary contract, say for 1 year, which is later interpreted by a court as a long-term contract valid for 5 years. This is common practice when a tenant is a resident of Spain and is the reason why many foreigners refuse to rent to Spaniards,

I'm glad I found that book. Though the law quoted is from Madrid I'm sure it's implemented the same way in Tenerife.

This would put me off renting our place long term!