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REAL ESTATE, NEXUS GROUP, INFORMA.

69% of the tenants are unaware of some of the clauses that they sign when renting their home.

It is normal that in a lease doubts arise about the content of the contract. In 1967 the psychologists Holmes and Rahe, through the scale of "Social Readjustment", analyzed the events that generated the greatest stress. On that scale, today the housing change process is one of the top of the list.

The Law is LAW.-

Within the Law there is certain mandatory content, that is, required regardless of what landlord and tenant agree. The law that regulates leases is Law 29/1994 of Urban Leases of November 25 (LAU). Although it is tedious, if you want to provide yourself with a knowledge tool, it is interesting to read articles 6 to 28 and 36 of the LAU.

Contract duration vs. duration.-

The contract must establish its duration, but the tenant may continue with the lease, at his will and according to the latest LAU version, up to a maximum of five years if the landlord is a natural person and seven years, if this is a company, extensions separately.

Obligatory compliance.-

We said that there are certain provisions that are mandatory. The law requires the tenant to comply with the first six months of the lease. If he wants to give up before, he must pay the remaining income until these six months are covered.

Withdrawal and Penalty.-

After those six months, the tenant may withdraw from the contract with a 30-day notice. This is not penalized unless otherwise agreed in the contract, in which case it will be a monthly rent for each year of the breached contract. If you can, avoid this penalty and remove it from the contract.

Extension.-

Upon the termination date of the contract, if none of the parties notifies before their wish not to renew, with four months the landlord and two the tenant, the contract will be obligatorily extended, for annual terms, up to a maximum of three. After that, there is room for more year after year if no one speaks out against it.

The update of the rent.-

Although we always find it in a contract, it is not mandatory. The most common is by application of the IPC. This does not only act for the benefit of the landlord, but also the tenant. Special attention must be paid not to impose limiting clauses (floor) on its application, which would prevent the tenant from benefiting from its application.

Bail.-

It is delivered to the landlord to guarantee the correct condition of the property. Only one monthly rent is required and must be deposited by the landlord in the corresponding body of the autonomous community, if not, it could be sanctioned. At the end of the contract, it must be returned to the tenant within a month. There are still contracts that require two months of deposit because the house is furnished, this no longer operates and only one is required (for housing).

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