Reasons for termination of the rental agreement<\/p>\n
The rental agreement can be terminated for different reasons, both by the landlord and the tenant.<\/p>\n
Breaches by the tenant: non-payment, nuisance activities, etc.
\nTermination of legal extensions.
\nNeed of the dwelling for own use or for first-degree relatives:
\n\u2018The landlord may terminate the rental contract after the first year, provided that two months’ notice is given, if he\/she needs the dwelling for his\/her own use or that of first-degree relatives (provided that this possibility is reflected in the rental contract).\u2019<\/p>\n
After six months from the entry into force of the contract:
\n\u2018The tenant can terminate the contract after six months from its entry into force: this is called withdrawal and, in order to do so, 30 days’ notice must be given.\u2019<\/p>\n
The Law on Urban Leases (LAU) establishes compensation for the landlord if the tenant leaves the property early.<\/p>\n
\u2018The Law on Urban Leases (LAU) provides for a compensation of the proportional part of a monthly payment for each year remaining on the contract if the landlord abandons the dwelling early.\u2019 This compensation must be stipulated in the contract.<\/p>\n
A commercial premises rental contract is terminated when the agreed term has expired, or prematurely for reasons such as:<\/p>\n
Non-payment of rent.
\nUnauthorised assignment or subletting.
\nMalicious damage or non-consented works.
\nNon-payment of the deposit or its updating.
\nAnnoying, unhealthy or dangerous activities.<\/p>\n
If the owner wants to sell the rented property, he must take into account whether the contract is registered in the Land Registry. If it is, the buyer must respect the contract. If it is not, he can ask the tenant to leave the property with three months’ notice.<\/p>\n
\u2018In all circumstances, the landlord may not require the tenant to vacate the property because of the intention to sell it; it will be up to the new owner, if necessary, to ask him to do so.\u2019<\/p>\n
In order to avoid tacit extension, the following notice periods must be complied with:<\/p>\n
Landlord: 4 months’ notice.
\nTenant: 2 months’ notice.
\nNotice of termination of the contract<\/p>\n
It is recommended to give notice of termination of the contract by a method that leaves a reliable record, such as a burofax, registered letter with acknowledgement of receipt or telegram. The notice should include:<\/p>\n
Details of the landlord and tenant.
\nIdentification of the property.
\nDate of signing and termination of the contract.
\nReason for termination.
\nContract termination document<\/p>\n
It is recommended to sign a contract termination document, which can be mutually agreed or unilateral, to formalise the handover of the keys and close the rental relationship.<\/p>\n
The termination of a rental contract in Spain entails a series of requirements and deadlines that must be met in order to avoid penalties. It is recommended that both parties inform themselves adequately about their rights and obligations, and formalise the termination of the contract in a reliable manner.<\/p>\n","protected":false},"excerpt":{"rendered":"
Reasons for termination of the rental agreement The rental agreement can be terminated for different reasons, both by the landlord and the tenant. Termination by the landlord: Breaches by the tenant: non-payment, nuisance activities, etc. Termination of legal extensions. Need of the dwelling for own use or for first-degree relatives: \u2018The landlord may terminate the […]<\/p>\n","protected":false},"author":3,"featured_media":67196,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1451],"tags":[2296,2512,2123,2292,2394,2293,2469,1758,2294,2291,2290,2289,2295],"class_list":["post-67320","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-articles","tag-alquiler-en","tag-alquileres-en","tag-costa-del-sol-en","tag-inmobiliaria-frigiliana-en","tag-inmobiliaria-lucena-en","tag-inmobiliaria-nerja-en","tag-inmobiliaria-torrox-costa-en","tag-nerja-rental","tag-new-rentals-law-en","tag-real-estate-frigiliana","tag-real-estate-nerja","tag-real-estate-torrox","tag-rentals-en"],"yoast_head":"\n