Such a deal, for example in Spain, will not only significantly reduce summer vacation expenses, but also give the opportunity to come to the warm sea all year round without thinking about where to stay.
What should you know about Spanish rental laws to avoid surprises and not make a blunder? First, you should remember that the minimum term for long-term rental is five years. Even if the contract states a shorter term, no one can evict you if, of course, you pay on time. After the first five years expire, a new contract may be concluded. If it is not concluded, then by default the contract is extended for one more year, then another one – and so on for up to three years. This norm varies from country to country. For example, in the US the usual term is one year, just like in our country. But what distinguishes our country from all others is that a tenant can be evicted at any time.
If in Spain a tenant wants to move out, he must notify the landlord 30 days before the end of the contract term (even if the term was less than five years). If a person has been renting an apartment for more than 5 years, he must notify about moving two months before the end of the current contract. There are countries where you need to notify two weeks in advance.
Rent is negotiated in the contract. The apartment owner has the right to raise the price after each year in accordance with the increase in IPC (officially established inflation index) for the previous year. Housing maintenance costs are paid by the tenant if specified in the contract; if not, by the owner. These costs can increase each year by a maximum of the IPC index multiplied by two. However, building repair costs are paid by the owner, but he does not have to pay for damage caused by the tenant.
If we are talking about repairs aimed not just at maintaining but at improving the housing – for example, new floors, decorative plaster, doors, etc. – then the tenant must share in the costs within certain limits (either as a one-time payment, or these costs can be included in the rent, which naturally increases in this case). There are various factors that allow you to calculate how much the rent can be increased in this case, but there is a maximum limit of 20%. Sometimes it is unclear which category a repair falls into – maintaining the condition of the housing or improving it. In this case, you have to defend your rights: your money is in your hands. Here you must remember that repairs are a time when you live uncomfortably, and during this time the tenant has the right to pay less. This is something you should not forget to remind the landlord about.
If the tenant dies (God grant you health), gets divorced, or decides to leave the home, their spouse or cohabitant can take their place under the same conditions. Cohabitants, by the way, can also be same-sex (Oh times, oh morals!). The Spanish are quite progressive in this matter and recognize the right to 'unconventional love'. But relatives can take the vacant place only if they lived in this apartment for at least two years prior to the death, divorce, etc. (the fact of residence must be confirmed).
Rented housing can, in turn, be sublet, but always with the owner's consent. If the owner sells the housing, he must notify the tenant, who has the right to remain in the apartment until the end of the five-year period. He also has the right to buy the housing at the same price that the new owner offered.
And lastly: before moving into an apartment or house, regardless of the term for which you are renting the property, the tenant must pay the landlord a deposit equal to one month's rent. And the best part is that all this is possible for foreigners. So our tenants in Spain have far more rights than at home.
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