Pareado, Costabella, Marbella
When can I leave the house if it is a temporary rental?
August 8th, 2022 |
When we rent temporary rental house, we have a series of responsibilities, which are included in the rental law, with which we must comply. We must be very clear about what is stated in the rental contracts so that both the rights of the tenant and the rights of the owner are not harmed and we act accordingly.
One of the most common situations that can cause conflict is to leave the house in a temporary rental. We must do it in the correct and legal way, so as not to harm anyone and that it does not have consequences for us.
We are going to review what the law says to know when we can leave the house in a rental case without harming any of the competent parties.
When can you leave the house?
According to the current law, it is stated in article 11 of the Urban Leasing Law, you can leave a rental home once the first six months of the contract have been completed. It is from the fulfillment of that date, from the date of signing the contract, that the tenant may withdraw his rental contract and leave the house.
A withdrawal from the contract could also be made before the 6 months have passed, if a prior agreement is reached and it is correctly stipulated in the contract, to reflect this special case. Keep in mind that the contract can reflect all the special situations that occur to us. Therefore, if we believe that this situation may occur, we must make it clear to the landlord and write the contract accordingly, so that later it does not give rise to conflicts.
Should the landlord be notified?
Once six months of the contract have passed and you want to leave the rental property, you must notify the landlord at least one month in advance. This has been the case since the reform of the law in 2013, before that reform the landlord had to be notified two months in advance of the date of abandonment of the home.
This reform of the law was made in favor of tenants who no longer feel comfortable in the rented property, so that they have more facilities to leave and be able to change homes, the landlord still has time to start looking for a new tenant with those 30 days with which they have to give notice.
Do I have to pay compensation for leaving a temporary rental?
In principle, there is no need to pay compensation, as stipulated by law, but this can change if it is agreed and included in the rental contract, which is the most common thing that happens. The landlords usually take this into account and regularly reflect the relevant compensation if the tenants leave the house without meeting the agreed term, usually if they do so before a date stipulated by both parties, such as one year, for example.
However, if it is not indicated in the contract that compensation will have to be paid for withdrawal of the contract, the landlord will not be entitled to that money, so it is very important to make this point clear when signing the contract. rent, so that later there is no misunderstanding.
You must take into account all these characteristics of rental contracts and be very careful when you go to sign your new contract. For this reason, it is important that you have the best professionals in the sector by your side who can help you and advise you on the rental conditions. At Homewatch we put at your disposal the best real estate agents who will not leave any loose ends in your transactions.
Article by Vanesa Mena, Aug 08, 2022
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