Case Study – Tenants and Habitual Residence


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Occasionally we see an enquiry about how to get round the strong Spanish law now for tenancies that tenants are allowed to stay in a property a long time. A lady wrote to us and said what do I do? I want to rent out my property to someone for six month months, but I hear the tenants may be able to stay for five years and I am worried that the tenants will be there years and I cannot get them out. What should I do in this situation please, as it is a shame to lose my six month let.

The rules on tenancies are now very complex with many changes in the past few years, and only a lawyer can comment on the rights of a particular case of tenants based on the timing, but the basic advice is to only accept short term tenants if you are worried about this risk.

Thus for less than six months or only accept those who do not need the property as their habitual home, just for a temporary stay. For example, for a work contract, of for an extendedholiday. However, it is vital that a lawyer draws up the rental contract and makes it clear in writing for both parties that it is a short term tenancy.

If this is not done, then saying a tenancy for six months or eleven months is not going to protect you if it has become very clearly the tenant’s main residence.

For further advice on tenancies please contact us .


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