What happens if I signed an 11-month lease but live there permanently?

If the property is your permanent home, the contract is legally treated as a long-term residential lease governed by the LAU. You have the right to renew it for up to 5 years.

Is a clause requiring the tenant to pay for all appliance repairs valid?

No. The landlord is legally required to make all necessary repairs to maintain the property in habitable condition, unless it is minor damage due to daily wear and tear.

Abusive clauses in long-term Spanish rental contracts

The Spanish Urban Leasing Act (LAU) protects tenant rights. Any clause that contradicts this law to your detriment is null, void, and unenforceable.

General information. Not legal advice.

1. Fake temporary leases (11-month contracts)

Art. 9 of the LAU

Landlords frequently try to write 11-month temporary contracts to bypass the mandatory 5-year tenancy extension. If the property is your primary and permanent home, the real duration is legally 5 years by law, regardless of the contract text.

2. Landlord entering the property without permission

Art. 18.2 of the Spanish Constitution

Your home is legally inviolable in Spain. The landlord cannot enter the property under any circumstances without your express written authorization or a court order, even if a clause in the contract states otherwise.

3. Abusive penalties for early termination

Art. 11 of the LAU

By Spanish law, a tenant has the right to terminate the contract after 6 months. The maximum penalty that can be agreed upon is one month's rent for each unfulfilled year of the contract. Demanding that you pay for the entire year is illegal.

Frequently asked questions

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