In case you are relocating or just want to spend your holidays in Spain, “Mare Nostrum Law and Tax” can help you with your rights and obligations when renting or letting a property in our country.
Our team of professionals will prepare the rental contract for you. The document should include:
1.- Details of landlord and tenant, 2.- Description of the property, 3.- The contract term, 4.- The amount of rent and payment terms, 5.- The bank guarantee, in case the landlord ask you for this condition
Duration of the contract: Both parties agree the term for which the property will be rented: you may rent the property for a long or a short term. Please note Spanish Law provides fewer rights to short term tenants.
a).- Short term contracts: these are normally used for holiday letting, and the condition must be specified in the contract, which duration may run for up to one year.
b).- Long term rental contracts: have duration of more than one year. In case the contract does not exceed five years duration, it will be renewed automatically upon its expiration for periods of 1 up to a 5 years term, unless the tenant is not willing to renew it. The landlord is obliged to accept these renewals, except when he had previously stated in the contract that he needs to recover the property for his own use before running the 5 years period. After the five years’ term, the owner may rescind the contract, provided that he had given the tenant 30 days’ notice before the end of the contract, otherwise the contract will be automatically renewed for 3 years, unless the tenant refuse this renewal. The deposit: Tenants are required to pay the owner a deposit equal to one month rent payment, in order to guarantee that the property will be returned to the landlord in the same conditions as before the occupation. Please note the deposit can not be used to pay the rent to the landlord. However, both parties may agree a two months deposit. Of course the amount deposited will be returned as the tenant moves out if the property is in good conditions.
The rent:
Both parties agree the amount to be paid as rent, normally is paid monthly in the owner’s bank account stated on the contract. On no account must the landlord ask for more than one moth rent to be paid in advance. Rent will be increased or reduced every year according to the consumer price index (IPC).
The landlord may ask you to present a bank guarantee for the total rental amount, just in case the tenant does not pay the rent.
Taxes, services and inventory:
Community fees or Council Rates must be paid by the landlord, but tenants may be required to pay them when it had been expressly agreed by both parties in the rental contract. Water and electricity bills are normally paid by the landlord on short term contracts, and by the tenants on long term contracts.
It would be advisable to prepare an inventory of the property contents (furnishing, fixtures and fittings, etc). It is important to check this carefully, every item outlined on the list shall be returned when the tenant moves out in the same order as listed, and otherwise, he will lose the deposit paid.
Our team shall prepare a rental contract in your own language so you will avoid misunderstood mistakes.
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