What is the tacit extension in the rental contract?
Are you a landlord of a home? Do you know how long a rental contract should last? We do not expect you to know the Urban Lease Law (LAU) perfectly. Nor the changes that are continually generated in the regulations regarding rentals. We know that owning and renting a home is not the easiest task in the world.Rent your apartment and forget about worries
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When renting, you have to take into account both laws, rights and obligations that have to Chinese Overseas America Number Data do with this practice in your home. To make it easier for you to manage your rental, we bring you our articles with the aim of informing and providing new knowledge about rentals. In our article today we focus on resolving all doubts regarding the tacit extension in rental contracts, a concept that generates many doubts in both owners and tenants.
The tacit extension of the rental contract contract
For all those who do not know what the tacit extension of the rental contract is, they should know that all rental contracts are subject to a certain duration of time. Once the period stipulated in the contract expires, the owner and the tenant can renew the rental contract or terminate the rental contract , ending the agreement between both parties.
But, what happens if the period agreed upon in the contract by the landlord and tenant is less than the duration established by law and it expires? This is when the tacit extension of the rental contract comes into force. This consists of extending the agreement between both annually until the minimum period that the rentals in Spain have to last is reached.
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Thus, this extension only comes into force when the minimum term agreed in the contract has expired. Later, we will explain to you what the minimum duration of the lease contracts is.
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The difference between the tacit extension and the tacit renewal
If we talk about tacit extension, it is essential to mention the tacit renewal in rental contracts. These two concepts are similar and, in general, generate a lot of confusion, but, as you will see, they are very different from each other:
Tacit extension : This is part of article 10 of the LAU and consists of an extension of the period of stay of the tenant in the rented home. In the tacit extension, as we said previously, the term is extended until the minimum duration of rental contracts in Spain is reached and the conditions agreed upon in the contract by the landlord and tenant are maintained.
Tacit renewal : For its part, the tacit renewal is included in Article 1566 of the Civil Code and occurs when the rental contract ends and the tenant continues to reside there for 15 days after the expiration date of the contract with the permission of the owner of the property. . At this time, a new tacit renewal contract must be made, which replaces the previous one and borrows the conditions that were signed in the first contract.
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