WHAT IS THE LEGAL DURATION OF A HOUSING LEASE IN SPAIN?

WHAT IS THE LEGAL DURATION OF A HOUSING LEASE IN SPAIN?

The parties shall freely agree upon the duration of the lease. If it were less than three years, the day of the expiration of the contract will be compulsorily extended by annual terms until the lease reaches a minimum duration of three years, unless the tenant manifests to the lessor, with thirty days in advance at least of the date of termination of the contract or any of the extensions, his desire not to renew it.

The period will begin to be counted from the date of the contract or from the setting of the property at the disposal of the tenant if it is later. The tenant shall be in charge of proving about the date the property was made available to him.

The leases for which no term or period of time has been stipulated or the ones with an undetermined term shall be deemed for one year, without prejudice to the right of annual extension for the tenant, in the terms resulting from the preceding paragraph.

The compulsory extension of the contract shall not proceed if, after the first year of its duration, the lessor communicates to the tenant that he has the need of the rented house to allocate it to permanent housing for himself or his relatives in the first degree of consanguinity or by adoption or for the spouse in the cases of a firm judgment of separation, divorce or marriage annulment. The aforementioned communication shall be made to the tenant at least two months in advance of the date on which the housing is to be needed and the tenant shall be obliged to deliver the leased property within that period if the parties do not reach a different agreement.

If the expiration date of the contract, or of any of its extensions, has elapsed and at least three years of duration of said contract have passed, and neither party would have notified the other, at least thirty days before that date, their willingness to renew it, the contract will necessarily be extended for another year.

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