What should a housing rental agreement include in Spain?
When signing a rental agreement there are several aspects that must be taken into account.
They are the following:
The minimum duration of a rental agreement is 3 years.
If the owner notifies you two months in advance, you can recover the apartment after one year if it is out of direct necessity for him or his family.
After the first six months of rent, the tenant can leave the property, giving 30 days' notice.
This is not obligatory, but the owner can put in the contract that, if the tenant leaves earlier than agreed, he pays compensation of one monthly payment for each year that is not met and, if less than one has been completed, the proportional part.
It is not obligatory to put it into the contract, but doing so avoids many problems because it clearly displays the start date of the contract. It is also interesting to have it included when you need to make extensions.
Two situations can occur:
1. Natural persons: if they are not signed by natural persons (ie, not legal persons) it is essential to:
Name of both the owner and the tenant.
Marital status of both.
Age (at least a mention that they are not minors).
2. Legal entities:
Person signing on your behalf (administrator, etc.).
Mailing address for notifications or requirements.
You must indicate the monthly economic amount that the renter will pay the owner.
It is not obligatory to indicate it, but it can indicate the form and the place in which the payment will be made. If not specified, it is understood that it will be carried out on the property in question in cash.
When a year has passed, the owner can only raise the CPI (although he may not do so if he prefers).
About the property that is rented
Simply state the type of property to be rented (house, flat, premises, etc.), including the cadastral reference and the postal address.
If it is a furnished apartment, you must include an annex with the list of furniture it contains.
If the rent is more than 4 months, it is also necessary to include the certificate of energy efficiency.
Security deposit left
It is mandatory that the tenant pay a monthly payment to the owner as a deposit.
The deposit must be deposited in the public office corresponding to the corresponding regional authority.
The owner can only raise bail (if you want) after three years.
Payment of community and taxes
It is not compulsory for these costs to be borne by the owner.
To be paid by the tenant, it must be explicitly stated in the contract that will be assumed by the tenant and the annual cost.
It is not obligatory to do it in general.
If you decide to do so, you must register with the Property Registry.
If the tenant is disabled or is more than 70 years old, he / she can adapt the house assuming the cost, as long as the adaptation does not affect common spaces of other floors.
If the owner sells the apartment while the contract is in force, two situations can occur:
If the contract is registered in the Land Registry: the tenant can remain on the floor.
If the contract is not registered in the Registry: the owner has the right to terminate the rental. You must tell the tenant in a specific way and the tenant will have the right to remain in the apartment for three months from that communication.
Trust E-style, Punta Prima Rentals, Torrevieja.
Punta Prima is located between Torrevieja and Orihuela Costa, surrounded by some of the best beaches in the Mediterranean Sea. Next to the urbanization you will find all the services that you need to spend a season here. The apartments in this area are built with very high quality finishes.
Are you interested in renting? Get in touch with E-Style for more information, we have been helping clients of different nationalities for more than 20 years to find the property they are looking for on the Costa Blanca and Orihuela Costa.