What should you ask your landlord before renting?

When renting a flat, many legal questions may arise, especially if you have never rented a house before, or you are a foreigner and you need to rent a house in Spain. There are many particularities and legal issues related to the rental of housing, for which it is advisable to go to a lawyer to clarify your doubts and avoid problems in the future.

But what are the key questions you should ask your landlord before renting the apartment? These:

paperwork flats rent

Can you prove to me that you are the owner or can you rent the property?

To avoid possible scams, it is important to ask for the simple note of the house we are renting and the DNI or power that empowers the landlord to sign the lease.

You can read more about the subject here.

How long is the rent signed?

The Urban Leasing Law (LAU) provides that housing leases can be made for up to 3 years.

But what happens if the contract is signed for a shorter period? In that case, the tenant may extend the contract upon completion until the three-year term has expired.

What happens if I want to go before? Is there a minimum compliance period?

It is good to anticipate what happens if we want to break the contract before it ends and examine if there is a minimum compliance period. In any case it is recommended to establish an affordable penalty, for example one month, in case the tenant wants to leave and thus avoid future complications.

However, if nothing has been foreseen, the law provides that the lessee may withdraw from the contract, once at least six months have elapsed, provided that he communicates it to the lessor at least thirty days in advance.

The parties may agree in the contract that, in the case of withdrawal, the tenant must indemnify the landlord with an amount equivalent to one month's rent in force for each year of the contract remaining to be fulfilled. The periods of time inferior to the year will give rise to the proportional part of the compensation.

What if I want to stay more than 3 years?

Even if the contract ends, if there is no complaint by either party, the contract will be extended for annual terms.

Can you ask me to leave at any time?

The owner can inform the tenant, 30 days before the date of termination of the contract (3 years or any of its extensions), the completion of it.

However, we recommend doing it in advance so that the tenant can find another home.

But during the first three years the owner can not terminate the rental contract, unless a one-year contract has been agreed, and in some of the mandatory extensions the landlord informs the tenant, at least two months before the date in which the house will be needed, that needs the leased house to allocate it to permanent housing for themselves or their relatives in first degree of consanguinity or for adoption or for their spouse in the cases of final judgment of separation, divorce or marriage annulment

Is it necessary for me, as a tenant, to communicate in advance the early termination of the contract?

You must agree on the period of notice that must be given to finalize the contract. The normal thing is usually to agree 1 or 2 months, although legally they are 30 days and the communication must be done by means of burofax so that it is proof of the date and the content.

euros to pay the itp

What is there to pay on bail?

In a housing rental the legal deposit is one month's rent and must be deposited in the body designated by each autonomous community.

It is important that you make sure that the landlord makes this deposit, you just have to ask for a copy of the receipt of that deposit.

In addition, the landlord can ask for additional guarantees to the deposit, such as another month's rent, a bank guarantee, an insurance ... You can read more about the subject here.

Will the rent go up and how?

The rent can only be reviewed when it is fulfilled each year of the validity of the contract, and in the terms agreed by the parties. In the absence of a pact, no rent revision will be applied to the contracts.

In the event of an express agreement between the parties regarding a monetary value review mechanism that does not detail the index or reference methodology, the income will be reviewed for each annuity by reference to the annual variation of the Competitiveness Guarantee Index at the date of each review. , taking as a reference month for the revision the one that corresponds to the last index that was published on the date of revision of the contract.

You can read more about the subject here.

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