Buying a lease in Spain is normally the way of acquiring a business. The Freehold is owned by the Landlord. A lease in Spain is called a ‘Trespaso’.

Lease Prices

The price paid is for a new lease at the terms stated in that lease. You will normally pay this in one lump sum upon signing for the new lease. A 10% deposit is required and is non-returnable, unless the sale falls through because of the vendor.

Leases

The length of the lease will be written into the lease agreement. This can be 5.10,15 or 20 yrs. An endless lease can be offered but this is unusual.

• Your lease can and will be renewed, as a right, provided you have complied with all the terms of the lease agreement, including the payment of rent.
• You will need to give your landlord a security deposit of 2 months rent. This is returned to you when you leave, providing the premises are in good condition and the Contract has been adhered to.
• You will also need to pay your rent one month in advance. 

During the lease

• You must pay the rent on time as stated in the lease.
• You must run the business as per the lease and license.
• You cannot alter the structure of the premises in any way but can alter the décor, furniture and fittings to suit your requirements.
• You are liable for the electricity, water, community charge, terrace tax, IBI and basura levied on the property.
• Your landlord is responsible for external repairs and major structural work
• The rent will increase by the rate of inflation each year.
• On renewal of the lease the rent will be increased (usually 20%)

Important

Your lease is a legal contract and is governed by Spanish law. If you have a disagreement with your landlord, either party can take legal action in the local court. 

You have rights as a tenant and your landlord has rights to protect his property.