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es-housing.<strong>qxd</strong> <strong>09</strong>/<strong>02</strong>/<strong>2005</strong> 11:04 <strong>Page</strong> 18<br />

HOUSING<br />

18<br />

Renting A Home<br />

In smaller towns, rural areas and on less<br />

expensive coastal resorts it will be half the<br />

price. High rise developments (urbanizaciones)<br />

on the outskirts of major cities,<br />

where many Spanish families live, offer<br />

cheaper accommodation, though less aesthetic<br />

and practical than living centrally.<br />

Rents are lowest in small towns and rural<br />

areas, although good rented accommodation<br />

is often difficult to find. Check out<br />

public transport and other facilities before<br />

you are lured by a more remote rental.<br />

EXTRA COSTS<br />

Gas and electricity are unlikely to be<br />

included in your long-term contract,<br />

though community fees, property taxes<br />

(IBI) and water rates are usually paid by<br />

the owner. If you want a telephone, you<br />

will most likely have to install it yourself<br />

as few Spanish properties have a landline.<br />

CONTRACTS<br />

Rental contracts dated from January 1<br />

1995 must adhere to the new Law of<br />

Urban Lettings (Ley de Arrendamientos<br />

Urbanos) of 1994. A short-term contract<br />

(contrato de arrendimiento de temporada)<br />

applies to holiday lettings or anything up<br />

to one year. Long-term contracts are for a<br />

minimum of one year and usually up to<br />

five years. After that time the owner can<br />

terminate the contract, provided he gives<br />

the tenant 30 days' notice. Otherwise the<br />

contract will be automatically renewed for<br />

three years.<br />

DEPOSIT<br />

When you sign a rental contract, you must<br />

pay the landlord a desposit (fianza) equal<br />

to one month’s rent. This will be returned<br />

to you when you move out, providing you<br />

leave the property in the same state as it<br />

was in when you moved in. Make sure<br />

you check the inventory otherwise you<br />

may find chunks of your deposit moved<br />

for items not there in the first place.<br />

Many landlords, especially in big cities,<br />

demand additional guarantees that you<br />

can pay your rent. They may wish to see a<br />

payslip (nomima) or they may require an<br />

aval bancario, a letter of credit from a<br />

Spanish bank which guarantees that if you<br />

default on your payments, the bank will<br />

pay whatever is owed for the remainder of<br />

the contract.<br />

REPAIRS<br />

It is the landlord’s responsibility to keep<br />

the property in a fit and habitable condition<br />

but not to repair any damage the tenant<br />

causes through daily use. If you need<br />

to make any urgent repairs, inform the<br />

landlord first so that s/he can reimburse<br />

you of the costs.<br />

If repairs are required which affect health,<br />

hygiene and comfort in the property, the<br />

landlord must give you three months’<br />

notice, in which time you may decide to<br />

end your rental agreement (by giving one<br />

month’s notice) or negotiate a reduced<br />

rental while the apartment is in a state of<br />

repair.<br />

RESCINDING THE CONTRACT<br />

The landlord can terminate the rental contract<br />

if the tenant does not pay their rent<br />

or deposit, sublets the property without<br />

the landlord’s permission, deliberately<br />

causes damage to the property or undertakes<br />

repairs without the landlord’s consent.<br />

Equally, the tenant may pull out of the<br />

rental contract if the landlord fails to make<br />

the necessary repairs to keep the property<br />

in a fit and habitable condition or disturbs<br />

the tenant while they are living there.<br />

PROBLEMS WITH YOUR LANDLORD<br />

Go to a Spanish lawyer to make a formal<br />

complaint. Then, if necessary, your lawyer<br />

will take the case to court (procedimiento<br />

civil ordinario).<br />

SPAIN EXPAT SURVIVAL GUIDE WWW.EXPATICA.COM

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