RENTING A PROPERTY
You many rent your property for a long or a short term. Both parties agree the term for which the property will be rented.
Short-term rental:
This type of contract is normally used for holiday letting. Short-term rental contracts (contrato de arrendamiento de temporada) require that the tenant vacate the property when ends.
The short-term condition must be specified in the contract, which duration may run for up to 1 year.
Long-term rental:
You can settle a long-term rental contract, which duration exceeds 1 year.
If the contract does not exceed 5 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 preciously state in the contract that he needs to recover the property for his own use before running the 5-year period.
After the 5 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.
When the contract does not provide its duration, rental it will run for 1 year.
The deposit:
When you sign the rental contract, landlord will require a deposit (fianza) equal to 1 month rent payment, in order to guarantee that the property will be returned to the owner in the same state as before the occupation.
This deposit can not be used to pay the rent to the landlord and it will be returned as the tenant moves out (assuming that the property is in good conditions).
The rent:
The amount of rent is agreed between both parties. Normally rent is paid monthly and the tenant should receive a written receipt justifying that the rent has been paid, unless the tenant sends the money by bank transfer and has a copy of that transfer.
Expenses:
If is not written in the rental contract and agreed by both parties, the landlord should pay expenses like community fees, real estate tax IBI etc.
Tenant must pay gas, electricity and telephone bills, unless otherwise is agreed and written in the rental contract.
Inventory:
If the tenant will get the property contents inventory (furnishing, fixtures and fittings…) to sign, he should check it very carefully first and when moving out check it again, otherwise the tenant may lose the deposit.
Repairs:
It is the landlord responsibility to make all the necessary repairs, however landlord is not responsible for repairing any damage caused by the tenant.
Urgent maintenance repairs may be undertaken by the tenant in order to avoid serious and immediate damages in the property, these must be made previous notice to the landlord, repair costs will be returned to tenant.
The landlord may cancel the rental contract when the tenant:
- Does not pay the rent or deposit
- Rent the property to a third party without the landlord’s consent
- Deliberately causes damages to the property
- Undertake repairs without landlord’s consent
- Causes serious nuisance to the neighbours
The tenant may cancel the contract when the landlord:
- Fails to make the necessary repairs to keep the property in a fit and habitable condition
- Disturb the tenant dwelling use.
Please note that this is only general information. To know more contact any lawyer in Spain.
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