Legal aspects of rent a flat in Spain. Main points of a contract:
- Identity of the contractors through their names and numbers DNI, NIE, CIF, etc.
- Identification of the rented property, address, street, number, city, province.
- Rent to be paid, either annualized or monthly.
- Duration of the lease, which we will discuss later.
- The deposit, where the reasons that affect it are established, and the use that the landlord can give it and its return.
- And the energy efficiency certificate, which is compulsory, but few people comply with it.
Duration of a rental contract in Spain
There is the “ignorance” or bad faith of requiring the tenant to stay in the property for one year.
The LAU (Law of Urban Rentals) in force since 2013, requires that after the first six months of the lease, you as a tenant have the unilateral power to terminate the contract, there is a penalty established by law, if you do it before, this must be written in the contract, otherwise the landlord can not demand such a penalty.
Extension of the lease in Spain
The duration of the lease as established in the LAU, indicated for the purposes of being less than three years, will be freely agreed by the parties, provided that the lessee expresses his or her desire to terminate the lease relationship at least 30 days in advance.
In this case the extension is obligatory for the lessor and optional for the lessee. There are exceptions, which the lessor may require in very specific cases.
“Your landlord cannot require you to stay in his property for at least one year or prevent you from extending your lease.
Possible problems with my landlord
Establish clauses authorizing the landlord to access the rented property
This is not only annoying, impertinent and intrusive, it is absolutely unconstitutional. The Spanish constitution in its article 18, that for the authorities and more for a private person will be able to access a house in case of having consent of the holder of the contract, or a judicial order. This is what is known as the inviolability of the home.
“If a landlord begins the relationship by presenting you with unconscionable contracts, abusive clauses or intrusive attempts on your privacy, look for another flat; there is plenty of that.
My landlord doesn’t want to return the deposit:
Things done right from the start get results, to avoid situations we recommend:
- To propose a clause of 30 days to detect anomalies, damages, flaws inside the house, so that it notifies the landlord these subjects and it is in writing. An e-mail should be enough.
- Inspect the property and submit a report to the landlord, in order to make it clear that you are a serious and organized person.
- Fulfill your obligations, take care of the apartment and give the diligence of a good parent, to demand you must comply.
- Having a home insurance policy, with content and liability coverage, usually have a mandatory of the continent, which while not the obligation of the tenant will save you headaches
- At the end of the contract sign a settlement where the landlord accepts that he received the apartment in perfect condition, without any complaint or disagreement
The landlord wants to make me responsible for all repairs
The LAU, is quite logical in this regard, ie, the tenants must bear the costs that could cause their inexperience, fraud or negligence, and the landlord the rest.
As we have already commented in this article, renting a flat in Spain involves taking out an insurance policy, is very cheap and solves headaches for both of you.
I have been asked for more than one month’s rent
The rent in Spain for housing is very clear, with regard to the requirements that must be met by the tenant, the deposit is one month and another month in advance, however there are circumstances for those who have decided to move to Spain, where the circumstances in fact, exceeds the law and does not cease to be legal, for example:
- If the flat is owned by a real estate agency, in that case you have to pay the agency’s fees which are usually 1 month’s rent + VAT, in the outskirts it can be ½ month.
The agencies can be very positive since they know how to handle the issue and save a lot of time. However, you must realize that serious people, with a certain name in the Spanish real estate market, and request the documentation of the apartment have been seen frauds.
I have been required to update the deposit or check the rent
The annual update of the deposit is not appropriate, you can only update from the first three years of the lease.
The half-yearly rent review, this is also inappropriate as it can only be done