If the property is furnished, this must be stipulated in the agreement, as well as the ability of the tenant to use any other establishment such as storage spaces, car parks, common gardens and swimming pools, etc. Leases usually have one year, after which they can be terminated or renewed. If the contract is indefinite or less than 5 years, the tenant has the right to renew it each year for up to one year (7 if the tenant is a legal persona legal person»). After five years, if neither party terminates the other from his desire to terminate the contract, it will be automatically renewed each year for up to three additional years Many people who want to buy a second home in Spain decide to rent before buying. Private rentals are governed by the national rent laws (Ley 29/1994, 24 de noviembre, Arrendamientos Urbanos and Real Decreto-Ley 7/2019, 1 de marzo) which define and protect the rights and obligations of the landlord (arrendador) and the tenant (arrendatario). Make sure you fully understand the mortgage agreement you signed. If you have any doubts, contact the subsidiary for 10 business days after the offer is signed. Lease agreements must provide the tenant with the full tenancy conditions and formalize them in writing. Make sure you understand all the clauses before signing and if something is not clear, seek legal advice. The written agreement must provide the full name and identification number (DNI for Spanish nationals, NIE or passport for foreigners) of the landlord and tenant, the full address of the accommodation and the specific conditions agreed by both parties, such as the amount of rent, the method of payment, etc. For centuries, lawyers have been advising clients that oral contracts are not worth the paper they are written on! Indeed, although oral treaties are valid, it is so difficult to prove even their existence or exactly what has been agreed.
If a party challenges it, it would be very difficult to prove that the treaty and the conditions were derived from it. Before entering into a lease agreement, be sure to be clear about the agreed amount and check whether the terms of the contract include additional expenses such as Community taxes (see «Community of Owners») or impuesto de Bienes Inmuebles (IBI), an annual tax that, unless otherwise stated in the contract, must be borne by the owner of the property. The duration of the tenancy agreement can be freely negotiated between the landlord and the tenant, but if the lease does not set a fixed term agreed by both parties, the national tenancy conditions apply (Real Decreto-Ley 7/2019, 1 de marzo).