This week we are moving our business into new larger premises and this has concentrated our mind on all the legal as well as the practical aspects of our move.   If you are in a similar position our own experience may be of help to you.   Rentals of Urban Property are governed by Law 29/1994 parts of which apply to residential as well as commercial premises.

First, we have to plan our departure from our existing offices.   Like most businesses which operate from rented premises we had to leave a deposit with our present Landlord.  This deposit was left as security that we would leave the premises in good condition when we left.   It was not left as security for payment of the rent, so if you are moving you should continue paying the rent until you leave and not assume that the last few months’ rent will be taken from the deposit. 

The condition of our original offices when we moved in was recorded in a series of photographs which were attached to our lease making it easy to compare the condition at the start and end of the lease and to make sure that we were not made to pay for the repair of anything that was already defective when we first moved in.    Any furniture provided by the Landlord was listed in an inventory signed by us and our landlord.

The law provides that any deposit less the cost of any repairs must be returned within one month after the keys are returned to the Landlord.

Second, turning to the move into our new offices, after we had found the premises we first had to make sure that the person who claimed to be the Landlord really did have the right to rent the premises.  It often happens that families who own a number of properties divide them between different family members, so it is vital that you discover who the true owner of the property actually is.  This can be done by carrying out a search at the Land Registry, or in the case of unregistered property asking to see a copy of the escritura.  

If you discover that your landlord is themselves a tenant, and they are proposing to transfer an existing lease or sub-let to you, ask to see a copy of their own lease to make sure that they have the right to do so. 

We also had to check that the local authority would allow us to use the property we wanted to occupy for the purposes of our business.   This can be particularly important if you are changing the use of a building, or your business could potentially cause a nuisance or disturbance to neighbours, or have a detrimental effect on the environment.

We then had to agree the form of lease with the Landlord and their lawyer.   As well such basic items as the rent and the number of years of the lease, we had to consider whether we wanted to include a right to bring the lease to an end before it had run its course if we needed to move on to expand our business.  

The law also gives tenants a number of important rights which landlords can exclude if the tenant agrees.  These include the right to transfer the lease or sub-let the premises, and also a right of first refusal to buy the premises if the Landlord decides to sell.

Once all the terms of the lease were agreed we could then go ahead and set the date to agree the condition of the premises, compile the inventory, and pay the rent and the deposit and move in. 

If you are considering moving into new rented business premises always take professional qualified advice before signing the lease and parting with any money, and we wish you every success.

Our own new address is Calle Andromeda 24, Albir 03581, Alicante telephone 96 626 0500 and fax number 96 686 5277 email This e-mail address is being protected from spambots. You need JavaScript enabled to view it