He Rent market in Spain It is a true headache for thousands of citizens. While prices have been raising in a uncontrolled way, finding an affordable home has become a practically impossible mission. Uncertainty is even greater when the time comes to renew the contract, since many tenants fear that the owner decides to increase income without prior notice or worse, that simply opts not to renew and leave them without a roof in an increasingly inaccessible market. However, A real estate expert has explained something that you must take into account in the case of being rent.
The ignorance of the current regulations It makes many tenants accept rental conditions that are not always legal. Therefore, the information is key to knowing to what extent an owner can act and what rights protect the tenants. In this context, social networks have become a usual source of consultation, where experts in the sector clarify doubts and explain the rights and duties of both owners and tenants. One of these experts is Alberto Sánchez, real estate lawyer, who has gained notoriety in Tiktok Thanks to your legal councils on rentals. In one of his most recent videos, with hundreds of thousands of visualizations, he has addressed one of the most common questions: What happens when five years of contract are completed? His response has been clear and has aroused great interest among those who live for rent and fear an excessive rise in income or unexpected termination.
What you should know if you are renting, according to an expert
Upon reaching the fifth year of a rental contract of a house, many people wonder if the owner has the right to put them or upload the rent without restrictions. According to current regulations, the answer depends on the prior notice that the lessor has given. What the real estate lawyer explains Alberto Sánchez from his Tiktok accountis that, if the owner of the floor wants to recover the house, it must Notify it at least four months in advance. If you do it with less time, the contract automatically extends for three more years, and that decision is in the hands of the tenant, not the owner.
This means that if the lessor warns with three, two or one month in advance, the contract is still in force and the tenant can stay up to a total of eight years. Only at that time, and always with the same notice, the owner may decide not to renew. This aspect is crucial, since many tenants are unaware of this right and can be pressed to leave the house without need.
Can the owner raise the rent every year?
Another of the issues that generates the most among tenants is the possibility that The owner increases income annually. According to the legislation, it is legal for the lessor to review the quota, but cannot do it arbitrarily. To be valid, The contract must expressly collect this possibility and establish an update mechanism linked to official indicators.
The increase in rent is regulated and, in most cases, It fits indices such as IPC or the Housing Lease Price Index (Irav). This means that, although the owner intends to raise the rent, he cannot do so above these limits established by law. If the contract does not mention any clause on income review, the owner has no right to increase it annually.
Living a long time in a rental home gives more rights?
There is extended belief that, the longer a tenant spends in a house, the more rights acquire on it. However, this is not true. In fact, the opposite occurs. Current legislation Protect the first years of rent with mandatory extensions to guarantee stability, But as time passes, guarantees are decreasing.
After the eighth year of rent, the owner has the possibility of not renewing the contract No need for any justification, provided that he communicates it over time stipulated. This means that, although the tenant has resided on the same floor for a decade, it has no more rights than those established in the law. It is important to know these regulations not to fall into false expectations about permanence in a rented home.
What can you do to protect yourself as a tenant?
Given this situation, the best strategy is Be informed and know the rights that protect tenants. If you are in your fifth year of contract, check whether your lessor has notified you properly in advance. If you have not done so, you have the right to extend your stay for three more years without the owner being able to oppose.
As for the rental increases, it is advisable to review the contract and make sure any income update is linked to official indices. If an owner tries to impose a rise outside the legal limits, the tenant can challenge the decision and demand compliance with current regulations.
Finally, Having legal advice can be key in conflict situations. In case of doubt, it is always advisable to consult with a lawyer specialized in real estate law to avoid abuse and guarantee a rental stay with total legal certainty.
