Renting a property in Tenerife
Many people who want to live in Tenerife long-term rent a property here before buying. This is good practice, because there are so many variables in terms of dwellings and areas, and many people commit to a purchase only to find that they are homesick, or their circumstances change, within a year or two and they are then left with a property to sell in what, particularly at present, might be a difficult market.
If you are using an agency, view the widest range of properties. There will inevitably be much doubling up of properties, with owners putting their properties on the books of as many agents as possible to secure a tenant. Check that the property you are considering isn’t on other agents’ books: it might be available at a lower rent. You can also rent privately, and should look out for signs saying se alquila, which means “for let”. Don’t be afraid to ring these numbers thinking the landlord is going to be Spanish. Many English owners will use them too because they will be hoping to attract the widest possible range of enquiries, from prospective Spanish tenants as well as English.
When renting, you should be aware that there are two types of rental contracts here: short- and long-term, and the length of a rental contract will vary depending on which it is. Long-term contracts (contrato de arrendamiento de vivienda) are, properly speaking, the only formally-understood residential lets, and are for a minimum of one year. The tenant is protected by law to a very high degree, including having the right to renew the contract for up to a further four years, with rent increases at no more than the rate of inflation.
Owners often do not enjoy the prospect of such a highly legally-protected tenant, however, and so short term contracts (contrato de arrendamiento por temporada) are common, running normally for three or six months. Note, though, that these contracts are expressly for a specific purpose, e.g. temporary work placement, study, etc., and not for habitual residence: indeed, the tenant’s primary and habitual residence must be detailed on the contract. Note, too, that although these contracts can technically run for a period even as short as one day, anything under three months will be deemed as touristic by the Government, and this is not something that can be effected on a residential complex, nor privately by an owner on a touristic one. Given these provisos, the contracts are perfectly legal, though the Courts can change a short term contract to a long term one if the tenant can show that the property has become his or her habitual home. This is to protect tenants from landlords who give repeated short-term contracts in an attempt to avoid passing on the legal protections that long-term contracts bestow.
To be fully legal, contracts must be in Spanish, signed by landlord and tenant, and contain ID numbers (NIE for foreigners) of both. In theory, rental contracts should be signed before a notary and recorded at the Spanish Land Registry (Registro de la Propiedad), but the reality is often much more informal. Along with the contract you should get an inventory of items in the property, and the condition they are in. Check these thoroughly, because if there is any discrepancy, it is likely to involve a deduction from your deposit when you leave. If there are any marks or damages, particularly if these are not specified in the inventory, take photographs, and resolve the issue as early as possible rather than waiting until you vacate.
You can expect to pay your rent in advance, and therefore the first month’s rent will be payable when you take possession. You will almost certainly also be asked to pay a deposit which will be held against any damage or debt incurred during your tenancy. If all is well when you leave, then you should get your deposit back. The deposit may be called a deposit or a bond, or in Spanish, fianza.
Sometimes prospective tenants are asked for a deposit of more than the equivalent of one month’s rent, but this is uncommon, and if you are prepared to consider it, make very sure that it is in fact for a refundable deposit, rather than a non-refundable agent’s administration or contract fee, which is a frequent charge when using a rental agent. It is important to determine the nature of all monies handed over, and for them to be specifically identified in the contract, along with the fact that they are refundable. Needless to say, you should get individual receipts for all monies handed over, whether deposit or monthly rental payments.
Some rentals include a certain amount for utilities usage, often up to around €50 or so per month, with the tenant paying any extra when the bill arrives. Apart from electricity and water, however, landlords themselves normally pay the rates (IBIs) and the community charge if the rented property is on a complex. Clearly it is important to know in advance what commitments there will be for ongoing expenses in addition to the rent, and these should be clearly detailed in the contract.
When leaving a rented property, tenants are required to give the period of notice stipulated in the contract. Under legislation which came into force on 6 June 2013, however, they will be able to terminate a contract without having to pay compensation by giving just one month’s notice, providing that they have had the contract for at least six months. Similarly, once the property has been let for a full year and the contract has been renewed, the owner of the property will be able from that point to recover it for use as a main home with notice of two months.
Tenants can also be evicted, of course, and the usual reason is for non-payment of rent. It is important to be aware that even if you feel justified in withholding payment, e.g. for requested repairs that have not been carried out, the law expects payment to be made and for the claim then to be dealt with separately. To date, tenants have been able to avoid eviction by paying rental arrears just before a Court hearing, at least on the first occasion, but under the 2013 legislation I mentioned above, landlords will be able to apply for eviction in just ten days if rent is outstanding. The Courts will grant the order unless the tenant can present satisfactory argument for non-payment – which would be difficult to do, evidently. Apart from non-payment of rent, a tenant may be evicted for sub-letting, using the property for a purpose other than living in it, intentionally damaging the property, or carrying out noisy, dangerous or illegal activities.
If I renew an eleven month contract does this then become long term? Can the lanlord add clauses ie, give 2 months notice to move out if its sold?
No, if you renew a contract it becomes the length of the new contract. If you are repeatedly given “short-term” contracts (under a year) however, and it appears to be an attempt to stop you getting a long-term one, you can take legal action and the Courts will deem the series of short-term ones to be a single long-term contract.
With short-term contracts, the expiry date is written into it, but for long-term ones, the period of notice will be specified. Under new legislation shortly to come into force, however, a landlord can terminate with just two month’s notice regardless of the notice specified in the contract – but only if he is giving notice in order to use the property himself as a main home.
HI JANET. I AM SELLING MY HOUSE HERE AND I WILL BE ONLY SPENDING 6 MONTHS HERE, IF I RENT A APARTMENT FOR A YEAR HERE WHICH CAN BE USED BY FAMILY , WOULD THE SPAINISH GOVERMENT MAKE ME DECLARE MY ASSENT BACK HOME. I DO NOT WANT TO BE A RESDENT HERE ANY MORE BECAUSE OF THE CHANGES IN TAX.
Hi Anna, a rented apartment is not an “asset”, because it’s not something you own, so there’d be no obligation to declare. In any case, the rules only apply to residents, and if you were not a resident, they wouldn’t apply to you.
These rules came in last year, and I posted about them HERE in December. There are some fact sheets there, for anyone who feels they might be affected.
If I’m all upto date with rent and bills can I still be evicted..I’m havin major probs with my landlord..
Yes. As I say above, there are various reasons for eviction, and non-payment of rent is only one of them. The others, though, will generally involve something criminal, whether damage to the property, or noisy, dangerous or illegal activities being carried out. Tenants can also be evicted for sub-letting, or using the property for business purposes – using it for something other than a home.
He sent me an eviction notice 15march sayin I have to be out by the 31st..resons he gave: we have to pay our bills with our rent..witch we didn’t get our 1st bill untill 13th march(payd within 48hrs) we are not allowed my dog..he stated tht it was not a prob he’s seen my dog met my dog and had no problem at 1st….and sayin that I’m workin from home witch I don’t.i have receipts from then for everything payd upto date..so what can I do now
You cannot be evicted for a pet. It is not one of the reasons for which a Court will allow eviction. Working from home, however, is different, but he needs to prove it. He will have to go to Court to get an eviction order if you don’t move out – you need to go to see a lawyer urgently.
Ok..we have write a formal letter stating that I don’t work from home and giv valid resons for all points..in this letter we also stated we will give a months notice as of 5th April to be out by the 5th may and that out deposite will be used as our last months rent..it’s simple harassment on ther part…not professional at all.
Hi Janet
I have an 11-month rental contract and am 6 months into it. I have provided the landlord with a month’s notice that I am leaving and he tells me I am liable to pay the rent until the end of the 11 month period, as it states this in a clause in my contract if I terminated the contract early. There was no get out clause for me in the contract. Can you tell me if it is legally enforceable that I would have to pay until Sept? He has a 2 month deposit from me and obviously I would like to get this back. I am also trying to find him another tenant to take over the lease but he is being very unhelpful and putting potential people off taking on the property. Your advice would be really appreciated. Thanks.
Well, unfortunately, you have a contract which ties you in and doesn’t allow you to leave before the term without paying the full term. That’s pretty clear, and under Spanish law you will be required to pay for whatever you’ve contracted. On another level, however, since your contract is for eleven months, it’s a “short term”, or temporada, contract, whereas residential contracts are properly for one year or more. Short term contracts are only supposed to be used for specific purposes, and more importantly, are not supposed to be a tenant’s main or habitual residence. The idea is that they are used for temporary rental periods when someone is, say, studying, or working somewhere for a short period of time.
.
So, as a short term contract, yours is required to say that you are not using the property as a main home, and it should have your real home address in it – i.e. the address where you mainly live when you’re not in the short-term property for the specific purpose it was rented to you. That specific purpose should also be noted in the contract.
.
So, some questions. Is it in Spanish? Does it have an habitual address for you other than the property you’re renting? Does it have a “specific purpose” for renting? If so, what is it? Depending on the answers to these questions, you could have a contract that can be challenged in law. That’s not to say, of course, that you would want do to this, but the landlord will almost certainly not welcome hearing that you are aware of your rights in this respect, and are considering taking action.
Hi Janet. Thanks for your reply. Yes the contract is in Spanish and no it does not have an habitual address. I believe it does say for the specific purpose of renting, there is alot of legal jargon in there which is hard to understand.
Also, I have been told that the Urban Lettings Law was amended last October so that a tenant can give one months notice to move out whatever the contract term, provided they have lived there for 6 months or more. Would this nullify the clause in my contract?
I don’t think so, Charlie, because as far as I understand that clause is for residential contracts … and you have a temporada. It sounds to me as though your contract could be invalid in any case if it says “temporary contract for purpose of “renting”"! It has to give the purpose, and it has to have an habitual address. I would first approach the landlord and tell him you have an invalid contract, and that if he would like to try enforcing it, you’ll be seeing a lawyer. Then ask him if he’d like to reconsider waiving his demand for 5 months’ rental.
Thanks Janet. This is invaluable info! Wish me luck! I have been trying to keep it amicable but he doesn’t seem to be wanting to play ball. I’ve been trying to get someone else in and is being very unfriendly towards potential new tenants. Keeping it amicable would obviously be better as he has my deposit and I think he would keep this if he can.
Hi Janet,
I’m a regular visitor to the island and considering the next step and renting a property so I can spend more than my usual 10 days or two weeks on holiday. I’ve read through your information but still uncertain whether I will need to do anything more than obtain an NIE to be able to rent a property and travel back and forth from the UK to Tenerife? If it helps I have to be in the UK for work one weekend a month so the maximum time I will be on the island is 29 days.
You will only need a NIE for a contract, assuming that the place you find to rent will require you to sign a formal contract.
Hi Janet,
thanks for your quick reply – much appreciated.
Hi Janet,
I am renting out an apartment on a one year contract. The lady renting it is from the Uk and has not yet applied for a residencia here. She moved in three months ago and paid the deposit and first two month’s rent without problem. She then flew back to the Uk and did not pay the third month’s rent when it was due. After eventually getting in contact with her she said that she would use her deposit for the third month’s rent and that her son had moved into the apartment in her absence. I explained that this was unsatisfactory … if the son was to be the tenant he would need to sign a new contract. He agreed to this and offered to pay his Mom’s outstanding bills and the rent due. But since then he will not answer my calls or the door when I visit the apartment. Where do you suggest I go from here?
I suggest that you contact a lawyer urgently to enforce your contract and, perhaps, issue eviction proceedings against the son. The longer you leave it the harder it will be.
Hi Janet
My wife and i are thinking of renting a house in tenerife long term,we don’t know what things to do about getting the right place or anything about renting out there (contracts and laws).We have a dog which we want to take with us so it would have to be pet friendly,also live on a residential complex close to amenities.My wife is worried about the health system in case we get ill,do we have to get insurance? “Wwe will not be moving over until i retire in 4 years time,i know it’s a long time ahead but i’m just finding out now
Hi Terry, could you have another read of the information above from the top of the page … it should answer most immediate questions and certainly covers types of contracts and other information that you need to be aware of beforehand. As for living on a complex, perhaps you could have a read HERE. With regard to the current requirements for someone to become resident here, could you have a read HERE? As you’ll see you need either private medical insurance or proof that the UK will cover you as pensioners. Have a good read through these three pages, anyway, and come back with any specific questions if there is anything particular you’d like an answer to.
Sorry not to come back to you sooner ….. thank you for your advice. Do you have a lawyer you could recommend who deals with evictions?
I can recommend Tenerife Litigation, which is the bureau of two lawyers, José Escobedo and Santiago Saenz. Their website is HERE.
Thanks. I thought they would be too busy with all the illegal lettings!! I’ll give them a ring if I have no joy by the end of the week.
They have two offices now, and a good staff, so will be able to help you.
Thanks as always x
Hi we are moving to Tenerife in June 2014 we are looking for long term lease and want accomadation that takes small dogs . Would be grateful for ang information that you came give us yours sincerely j turner
Hi Jim, whereabouts do you want to be? How many bedrooms do you need? Above all, have a read through the information from the top of this page, and check out the properties for rent HERE. You can post your requirements on that page.