Long Term Rentals

Long Term Rentals

The rental of a home should always be reflected in a written contract. Through this document, the owner transfers the use of a flat or apartment to the tenant in exchange for a rent fixed freely between the parties.

The rental contract is usually accompanied by a series of clauses clarifying aspects such as the amount of the deposit or the responsibility for community expenses, invoices, etc., and by annexes for the inventory of furniture and furnishings, for example.

In addition, the rental agreement must clearly explain the following aspects:


The minimum duration of the rental contract is 3 years; and if it is less than that term, when the contract expires, it will automatically be extended for an annual period of up to 3 years unless the rented person indicates to the owner, at least 30 days in advance, to date termination of the contract or its extensions, its willingness not to renew it.

In addition, the tacit extension of the contract of the sale will be made, once the first 3 years have elapsed, automatically for another year, unless one of the parties notifies, at least 30 days in advance, its willingness not to extend it.


After signing the contract, the tenant is obliged to give the owner a cash deposit equivalent to one month's rent.

The amount of the deposit will be returned in full to the tenant when the contract ends, as long as the house is delivered in perfect condition. If this is not the case, the owner may use the proportional part of the corresponding deposit to pay the damages.

The amount that the tenant pays to the owner for the rental of the house is agreed freely by both parties. From April 1, 2015, if it is not agreed, it can not be updated; if it is agreed, we must always accept the agreement; and if it is agreed but it is not indicated how, the rent will be updated by applying the variation of the Competitively Guaranteed Index.

The rent can only be updated on the date on which it is fulfilled each year of validity of the contract.


The general expenses derived from the current use of the property (quotas of the community of owners, swimming pool, elevator, garage, surveillance services) are paid by the owner; only in case that this is agreed in the contract, will be assumed by the tenant.

Expenses borne by the tenant are all those in which the tenant's consumption can be measured. The most common are gas, electricity, telephone and water.
How to end the contract

The termination of the contract may be carried out by either party when the other party fails to fulfill any of its obligations.

The owner (lessor) may terminate the contract:

    When the tenant has not paid the rent or any other amount (other than rent) that he was obligated to pay. For example, community expenses if agreed upon.
    When the tenant has not paid the deposit or its updates.
    When there has been a sublease or assignment that has not been consented by the owner.
    When the tenant has fraudulently caused damage to the dwelling.
    When the tenant has carried out works in the dwelling without the consent of the owner, as long as this consent was legally necessary to perform them.
    When in the dwelling the annoying, unhealthy, harmful, dangerous or illicit activities have been carried out by the tenant.
    When the dwelling is no longer intended by the tenant to cover the need for permanent housing.

The tenant (tenant) can terminate the contract:

    When the owner has not made the repairs and conservation works to which he is bound by law.
    For the fact or right disturbance that the owner makes in the use of the house.


Head Office: St. Jesus y Maria, 12,  29680 Estepona


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