Important considerations when you are renting a house in Spain
For a rental contract to be valid, it must meet some basic conditions that are included in the LAU law. Below, we will tell you the most important details that you should know about the current Urban Leasing Law (LAU) when signing a rental contract.
Many people mistakenly believe that contracts should have a duration of one year, but this is not the case. The duration of a rental contract can be freely agreed by both parties.
But if you want to do it in accordance with what the law mandates, it indicates a period of 5 years (previously it was 3 years). But if, on the contrary, a contract duration of less than five years has been stipulated, the contract will be renewed annually until reaching the period of 5 years.
In the event that the contract does not stipulate the duration of the rental, it is assumed that it will be carried out annually. This decision once again obliges the landlord to annually extend the contract up to 5 years.
In these cases, the tenant may terminate the contract during the first year, always notifying 30 days before leaving the property.
Once the 5 years established by law have expired, if one of the parties does not wish to renew it, they must notify the other party. Depending on the side that you want not to renew, you have a certain time to communicate it.
The Landlord must inform the tenant 4 months in advance that he does not wish to renew the contract. In this way, the tenant has enough time to look for a new home. On the other hand, the tenant has a period of 2 months to notify the owner that he does not wish to renew the contract.
If neither party expresses the will to dispense with the contract, it will be automatically renewed for another 1 year.
The value of the rent will be stipulated between both parties freely, but this will depend on several factors such as the square meters and number of rooms in the house, the state of the facilities and the location of the property.
Unless otherwise agreed, the law indicates that the form of payment will be monthly and must be paid within the first 7 days of the month. The way to make the payment will be agreed by the owner and the tenant, the most common way being by transfer.
Another of the most common doubts is the deposit. According to the Urban Leasing Law, the rental deposit must not exceed 1 month of the amount agreed in the rental contract for a home.
According to the LAU in this matter, a distribution must be made between the parties. But the OCU (consumer and user organization) recommends that the expenses should be contemplated and detailed in the lease.
In principle and not otherwise agreed, the owner is in charge of paying the IBI tax, the community of neighbours and the maintenance of the facilities and the house in general. Instead, the tenant must take charge of the supplies and small repairs due to the use of the home.
Regarding real estate management expenses (if they exist), they must be covered by the owner if we are talking about a legal person (such as an association or foundation). But if, on the contrary, we are talking about a natural person, the payment of the real estate management will be agreed by both parties.
This part clearly commits the owner. The landlord bears the obligation to preserve the house, which is not the same as repair.
When we talk about conservation, we are talking about any task that involves avoiding a breakdown or keeping the home in habitable conditions.
In addition, making it clear that carrying out a conservation task does not give the landlord the right to raise the rental price, since the contract stipulates that he is in charge of carrying out said task.
This type of unexpected repairs, the tenant (after notifying the owner) can carry out the repair and immediately demand payment from the landlord.
Now it's the tenant's turn. The lessee will be obliged to carry out small repairs as long as they are produced by wear and tear due to his.