Legal loophole: Malaga property owner issues warning after facing tenancy dispute

ONE property owner in Malaga issued a warning to fellow owners on Friday, June 2 after facing an unexpected setback in his attempt to sell his property company and their five apartments.

Despite having made a contractual agreement with a tenant, the legal validity of the agreement made between owner Manfred Leister and the tenant was called into question. This left Manfred frustrated and unable to proceed with a sale.

The property lease agreement stated that tenants would made aware that the apartments were listed for sale, and they would have 90 days to vacate if the prospective buyer did not want to continue with the lease.

However, legal experts deemed this clause unenforceable, granting the tenant the right to stay until 2026. This situation has left Manfred burdened with expenses for four vacant apartments while being unable to sell them.

As a result, the tenant in question has asserted their legal rights, allowing them to stay in the apartment for an additional three years. To deal with the ongoing costs, Manfred has been forced into making an emergency sale of his own house.

Manfred warns other property owners to seek legal advice before including such clauses in tenancy agreements.