Can I be sure that these tenants will leave at the end of the six months’ term of tenancy?

16 Dec Can I be sure that these tenants will leave at the end of the six months’ term of tenancy?

I own a holiday house in a town of Málaga ’s province. I am considering renting it through an agent to a Spanish couple for an initial period of six months. I think the couple might want to stay longer than six months, and the agent says we can consider this near the end of the first six months, and decide whether to agree to another six months for example. Can I be sure that these tenants will leave at the end of the first six months, or after twelve months, so that we can continue to visit our house for holidays? Do I simply need a short term letting contract?

Tenancy contracts are a delicate subject in what refers to short terms stipulations versus long term intentions or necessities of the tenant themselves. Therefore, there are measures as well as statements on the contract that are aimed to destroy a presumed or subjacent reality of permanent home of the tenant. This is so, because the tenancy law proclaims that it is not the parties or the contracts the ones who determine the kind of tenancy in a given situation, but the fact, or the reality itself.
We could give you assistance in case you wish to be protected against long term tenancy, by means of studying your individual case and implementing a contract with adapted stipulations.