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OST
07-09-2011, 09:37
I am looking to rent my apartment on long let, I have an idea of what I am putting in the contract, such as an inventory etc, but what have you found should be put in the contract that you have benefited from and does signing in front of a lawyer have any benefits?

megsdad
07-09-2011, 11:09
In my opinion, only my opinion, unfortunately in this day and age a rental contract isnīt worth a bean. I rent my apartments out and although I give contracts my recent experiences show they mean nothing.
My contracts are in Spanish and state time of rental, that the deposit is not to be used as a last months rent and a limit to bills I pay. They may as well be in Greek for all they are worth.
In front of a lawyer? Donīt make me laugh, what will they do? by the time any legal action is taken your tenants are long gone. Maybe in front of a notary if you want the expense but the same as above applies.
Yes do a contract but more importantly do your homework, are they working? how long on island? previous rental and a reference? Use an agent for less hassle but for gods sake steer clear of Tenerife long lets as they havenīt got a clue what they are doing. Moved a fella into one of my places with no inventory, no deposit and no contract and were then surprised the guy wouldnīt pay and I had to give him money to move out.
Good luck

OST
07-09-2011, 11:45
I thought as much, bit of a gamble really, just need to be lucky & hope to find a good tenant.

emmawright
07-09-2011, 22:49
Hi there this probably has no relevance to the information you need but my husband, my daughter and I are moving to Tenerife in February. We live in Newcastle upon Tyne, England. We are looking to rent property out there and were just wondering where your property is in Tenerife. We are looking for a long term rental as we hope not to be moving back to England at all. We would be able to pay six months to a year rent in advance. Maybe just a long shot but thought it would be worth a try. If you can could you get back to me by e-mail as this is all new to me. Hope to speak soon. Thankyou Emma. x

slodgedad
07-09-2011, 23:51
Hi there this probably has no relevance to the information you need but my husband, my daughter and I are moving to Tenerife in February. We live in Newcastle upon Tyne, England. We are looking to rent property out there and were just wondering where your property is in Tenerife. We are looking for a long term rental as we hope not to be moving back to England at all. We would be able to pay six months to a year rent in advance. Maybe just a long shot but thought it would be worth a try. If you can could you get back to me by e-mail as this is all new to me. Hope to speak soon. Thankyou Emma. x

Emma, why not post your requirements HERE. (http://www.tenerifeforum.org/tenerife-forum/forumdisplay.php?32-Tenerife-Property-amp-Accommodation) It will be your own thread and not lost in chat

OST
08-09-2011, 09:28
Thanks for all the private messages, but the apartment has been rented and they will be moving in next week. For anyone who needs to rent, what a great place to advertise as I have been bombarded with interest!
I am making the contract so as to have ready, just wanted to know anyone with experience in this department, what should be in the contract and what has benefited you in the contract if problems have occurred.

sleepy
08-09-2011, 11:52
You should really get a ready made contract on official state paper and then add the clauses you want.You can get these rental agreement contracts from 'supermercado virginia'which is situated close to bar 'El Faro' near to the port end in Los Cristianos.
Don't take any chances!!!

OST
08-09-2011, 12:12
You should really get a ready made contract on official state paper and then add the clauses you want.You can get these rental agreement contracts from 'supermercado virginia'which is situated close to bar 'El Faro' near to the port end in Los Cristianos.
Don't take any chances!!!

Thanks, but why does a supermarket have rental agreement contracts?

sleepy
08-09-2011, 13:19
You'd best take that question up with them.

nicki
09-09-2011, 11:44
cover yourself the best possible way, so yes get a contract according to spanish law , and built in extra securty,
renting out around the world is a gamble everywhere

fonica
29-09-2011, 13:37
Just be very careful,the law here leans towards the tenant and depends on the amount of months/years on the contract to the rights that the tenant has.It's more than tricky!!!You can end up having to extend the contract or unable to remove your clients.Get some good advice.

bunnygirl34
11-05-2012, 07:48
hi,reguarding the inventory,what should be included,only things your fussed about being nicked,or everything teaspoon to be counted.....? :S

reguarding the contracts...apparently..they MUSt be in spanish to be legal,then a copy is obviouslly polite so the tenants understands what they are signing...

any other tips of what to include in a contract are greatly appreciated!
:) x

markjdavies
13-08-2012, 20:50
We've just joined the forum and are looking through al the relevant threads about moving to the island!
We also are looking to move early next year, so good luck Emma Wright!!! Let me know how you get on!
We have have a friend who let their flat out for 6 months through an agent (not sure which one) but the couple then left after a month!, It was a 6 month tenancy agreement, but they were told that it does not breach the agreement to leave early!!
We have just sold our Sales & Lettings business in England and we have always 'interviewed' the prospective tenants, getting as much information on them as possible, including guarantors, if possible, but at the end of the day, you have to follow your gut feeling.
A Landlord friend of ours told us, when he showed people round his property he said to them ...
"I will be the most friendly & amenable Landlord you will find, if you just look after my property and pay the rent on time. BUT, if you screw around, you will find me the most difficult person to deal with!"
He said it was amazing how many people never came back to him!!
If anyone wants any advice from us, please just ask! (We're not experienced in Spanish lettings though!)
Mark & Stephanie

Balcony
14-08-2012, 12:53
You don't have to have to have a rental agreement, but it is advisable to have one and often these are usually standard, state-sponsored landlord/tenant agreements (blanks) available from tobacconists for around €12.

A short term contract is usually for holiday lets and an arriendo de viviendas used for long term rentals.

If you don't understand a contract then always get it checked by a lawyer before signing it. When a landlord accepts a rent payment there's an implicit contract, although this is only for the period for which you've paid. You should receive a written receipt for all rental payments.

Although many seek to have a long term contract for periods such as 6 months, or 1 year under current law a rental contract for a principal home has a minimum duration of 5 years and is renewable annually by mutual consent. A contract is tacitly increased for one year if the tenant doesn't give the landlord 30 days notice before the end of a year and rent rises are limited.

If a landlord wishes to recover a property for his/her own use he/she can refuse to extend the contract beyond 5 years and this is best done in writing.

A tenant must pay a deposit on 1 month's rent (2 month's if the property is furnished) against damages. Tenants may be required to pay property tax (IBI) and community fees if it's specified in the contract.

For landlords, you should avoid signing 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 a common practice when a tenant is a resident of Spain and is the reason why many foreign owners refuse to rent to Spaniards.

Tenants can be evicted, although an owner may require a court order. Reasons for eviction may include failure to pay rent, damage to property, use of property for immoral purposes, sub-letting, or for causing a nuisance to neighbours.

A tenant can terminate a contract (and is entitled to compensation) if the landlord has caused changes or disturbances in the property, doesn't carry out necessary repairs, or doesn't offer the services stated in the contract.