When we are going to sign a rental contract there are hundreds of doubts that arise, even more so if it is the first time that we are faced with such a document and if we do not have prior knowledge of housing. Today we explain what you should look for before signing a rental contract and the concepts that you must be clear about, take note!
POINTS TO PAY ATTENTION TO IN A RENTAL AGREEMENT
Every regular home rental contract must be subject to those established in the Urban Leasing Law and include different clauses that we must review before signing , to be aware of the agreement we reached and of our obligations and rights as landlords or tenants.
When we talk about the duration of the rental contract, we refer to the time that the parties (owner and tenant) agree to stay in the house. Since 2019, in which Royal Decree-Law 7/2019 on Urgent Measures in Housing and Rent was approved, rental contracts have a duration of 5 years with the possibility of applying an extension of 3 more years . In any rental contract, the property to be rented and the duration of the rental must appear among the first items, so do not forget to pay attention to this point.
PAY OF THE RENT
This is another of the most important points in a rental contract. The amount of the rent must be reflected in the contract, it is also important to record the form of payment (cash or direct debit) and of course, the days to make the payment of the rent , which as stated in the Law of Urban Leases in its article 17.2 on the determination of the rent, this must be paid in the first seven days of the month.
Like the amount of the rent, that of the deposit and its payment by the tenant, they must also be reflected in the rental contract. The bond is mandatory and must be deposited with the corresponding body, according to the Autonomous Community where you reside.
Urban lease law. Article 36: Bond
1. Upon the conclusion of the contract, the requirement and provision of a cash guarantee in an amount equivalent to one month’s rent in the rental of homes and two in the rental for use other than housing will be mandatory.
On the other hand, in the event that the parties have agreed to an additional additional guarantee and it has been paid, this must also be collected by contract.
This clause is important to review well because in the long run it tends to generate doubts between owners and tenants. The current regulations indicate at this point that “The landlord is obliged to carry out, without the right to raise the rent, all the repairs that are necessary to keep the house in habitability conditions to serve the agreed use, except when the deterioration whose repair is attributable to the lessee ” art. 21.1 Conservation of the home. LAU
For his part, the tenant will be responsible for the maintenance for regular use of the property and for small repairs . Art. 21.4 on the conservation of the home. LAU “Small repairs required by wear and tear due to ordinary use of the house will be borne by the tenant”
GENERAL EXPENSES AND INDIVIDUAL SERVICES
We refer to those related to supplies, taxes and community of owners .
According to the Urban Leasing Law in its article 20.1 : “The parties may agree that the general expenses for the adequate maintenance of the property, its services, taxes, charges and responsibilities that are not susceptible of individualization and that correspond to the rented house or its accessories, are in charge of the lessee “
At this point and unless otherwise agreed by contract, we must point out that the most common is that the owner is responsible for the payment of the taxes that fall on the property such as the IBI , the community of owners and the registration of the supplies .
For his part, the tenant will be responsible for paying the rent, garbage fee and supplies . As for the supplies, the most common thing when formalizing a rental is that a change of ownership of these is made and the tenant is responsible for the payment of these. The law indicates the following in this regard: “The expenses for services available to the leased property that are individualized by means of counting devices will in any case be the account of the tenant”
TERMINATION OF CONTRACT
The tenant can withdraw from the rental contract when at least six months have elapsed since its conclusion. However, we have to look closely at the specific clause of the rental contract, because in this it may appear that in the event of this occurrence, the tenant has to compensate the landlord with an amount equivalent to one month’s rent in validity for each year of the contract that remains to be fulfilled.
On the other hand, in order to withdraw from the lease , the tenant has the obligation to notify the property in a timely manner, so they must notify their desire not to continue with the contract at least thirty days in advance.