Sitges
EG
May I ask a question from the group regarding contracts?
With a 3 year rental contract (starting in 2018) is there a tenant right to extend to up to 5 years on year by year basis once the initial contract comes to an end? I have read the various rules depending on the date of the original contract – obviously as the rules changed to the 5 year contract being the norm – and I know that if no notice is giving within 30 days of the contract end then it automatically prolongs 1 year. I had understood that even so the tenant has the right to continue another year whatever the landlord wishes to do. Thanks 11 comments
SL At end of 3 years, does it become a 5 year one?
NV believe that the contracts made before this min 5 yrs law came into live will finish when contract finishes and then the renewal has to be done with a new contract according to this new regulation of min 5 yrs from landlord side. This is what my lawyer told me last year as general info…
EG Thanks – I have just found out the answer I think! In the case of a 3 year contract signed before 2019 then the landlord has the right to end the contract at the agreed 3 year date. Although a renter can request an extension of plus one year then plus another up to 5 years without needing to draw up a new contract, the landlord is not required to agree to the extension (but must give 30 days minimum notice of this)
EG Of course now the norm is for 5 year contracts so the above only applies to rentals before that change
KT We had a 3 yr and towards end requested longer and now on year to year1
SH I think I read that the landlord can also end the contract with notice if they or their family intend to live there or if they are selling. I could be wrong
SL There still appears to be the question of: whether a 3 year version automatically defaults to the new 5 year one(or the Tenant goes into some kind of limbo with almost no rights to stay i.e. without a new contract… tenancy can end with 1 month notice from Landlord… going forward forever(As the case, in the UK, albeit 2 months )
EG Author SH That is correct – if they need it as a primary residence but how you prove that who knows?
EG Author SL It automatically turns into a 3 year plus 1 if no notice is given by the landlord 30 days prior. Then at then end of that additional year the same happens again and so potentailly another extra year begins. So I suppose this avoids having to create a new contract but allows the tenant another year or two minimum if they want it and the landlord agrees. Then you are at the end of 5 year and need to draw up a new contract if staying
MV, EG Yes, that is more or less what my lawyer said. Old contract ends and new one should be prepared. New one is important for tenant to have the 5 years option.