Long-term rental in Mallorca: These contract clauses are not allowed!
In some cases, Spanish tenancy law differs considerably from the legal requirements in other European countries. Therefore, you should definitely pay attention to some points in the rental agreement, which are often listed there but are illegal.
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In order to circumvent the legally required extension of a tenancy agreement after the 12th month, some landlords draw up contracts with a validity of 11 months. Such contracts are usually void and voidable, as they merely serve to circumvent tenancy law.
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The situation is very similar with „non-renewable“ 12-month contracts. Spanish tenancy law stipulates that a tenant can normally extend their tenancy agreement for up to 5 or 7 years. Whether 5 or 7 years depends on whether the landlord is a physical person or a legal entity
. - Also not legal are 12-month contracts that contain a clause prohibiting early termination. According to Spanish law, these contracts can also be terminated by the tenant after 6 months.
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According to the law, a landlord may demand a deposit in the amount of one month's rent for Spanish rental contracts . Further security may be required, but must be shown separately and not declared as a deposit. The situation is different in the area of seasonal rentals – where a deposit of two months is stipulated by law
. - An access clause that grants the landlord the right to enter the rented property at any time, even at short notice, is also invalid; on the contrary – according to Spanish tenancy law, the landlord is only allowed to enter the property with prior written permission from the tenant.
- A clause regarding moving out due to the sale of the property is also invalid. Of course, both parties are free to come to an agreement. However, there is no legal obligation for the tenant to leave the property before the end of the agreed rental period (5 or 7 years) due to sale. Tenancy law applies here before sale.
As these are only some of the deviations and guidelines, both landlords and tenants should seek advice before signing or drawing up a tenancy agreement - or have it checked by an expert.
