To hire a rental with Finques Feliu: requirements and FAQ's

05 | 03 | 24

| Feliu Brand

Today, whether you are a tenant or a landlord, the lease misteries will fade before your eyes.

1. Function and legal effects of the signing of the rental agreement

The function of the signing of the rental agreement is twofold:

To legally bind landlord and tenant
To legalize before the Administration the economic relation born between the parts as a result of the payment of the rent.

The legal effects of signing the document are also twofold:

To consolidate the evidentiary value before the courts
To develop clauses of the contract mainly:

- The rights and obligations of the parties

- Deposit and rent deposit

- The monthly rent

- Renewal and termination procedure

1.1 Does the lease have to be renewed? How often?

Yes, periodically. Depending on whether it is signed by a natural person or a legal entity, the maximum period of the agreement will vary:

The contract for natural persons will be for five (5) years.
The contract for legal entities will be up to seven (7) years.

Royal Decree Law 7/2019 regulates these terms.

The bond requires an annual renewal. At this point, two situations may arise:

That the owner does not oppose to renew: In this first assumption it is tacitly renewed according to the law that applies the year of the signature.
That the owner opposes to renew. In this situation he can terminate the agreement. To do so, the tenant must be notified thirty (30) days prior to the effective date of termination of the contract.

1.2 We recommend that contracts be in writing.

Drawing up a contract has two beneficial effects:

There is a reliable record of the contract.
In the act of signing, the parties receive copies of the document.

On the other hand, verbal agreements present two problems:

Too many assumptions are subject to the free interpretation of the parties.
In the absence of documentary support, when there are disagreements it is not possible to demonstrate which party is right.

2 What documents do we ask for in order to rent?

In the case of individuals:

Photocopy of the DNI or NIE on the front and back.
Employment contract
The last three payslips of the tenant
Certificate of the current account of the tenant
The economic amounts corresponding to the deposit and the rent deposit. Attention: in case of not consigning the previous concepts, we will stop the signature.

The natural persons have the option to:

To write a letter of introduction.

When the rent of a natural person is made with the help of a guarantor, the guarantor has to provide:

The personal data of the guarantor
Information of his/her bank account
Economic activity from which their income is derived

As guarantor, do I have any obligation with the owner? Yes: to assume the payment of any debt that may arise -and unpaid by the guarantor- (normally you will not have to intervene).

When the lease of a legal entity is specified, the attorneys-in-fact representing the legal entity must submit:

Photocopy of the NIF of the company
Economic data of the company
Data of the proxy

Once we have provided all the required documentation, it is worthwhile to make a stop on the way to answer eight questions on the reading of the lease: click on this link to access them.

3. Ten frequently asked questions about renting

3.1 Who advises Finques Feliu to draw up the rental contract? Where do we store the document?

We are advised by the "Col-legi d'Administradors de Barcelona i Lleida". Finques Feliu's team of administrators drafts the document, and when it comes into force it is uploaded to our computer platform.

3.2 Who is in charge of the change of supplies in the rented apartment?

Finques Feliu.

3.3 When is the owner responsible for carrying out repairs in a rented apartment and when is the tenant responsible for carrying them out?

The owner must face: fundamental works for the habitability (pipes, floors, walls, ceiling, beams, etc.).

The tenant must repair minor damages: taps, cisterns or painting.

The boiler deserves a specific explanation:

The landlord has to: replace the entire boiler.
The tenant must: replace specific parts.

Would you like a wider answer? Click here .

3.4 As a landlord: Should I make an inventory of the existing objects in the apartment before the arrival of each tenant?

Of course, every time a new tenant enters as owner you must make an inventory to determine in what state the objects of the real estate product are in.

It should be noted that completing this work also requires the involvement of the tenant, who should make sure of the real state of the property, and the sooner the better to inform the landlord of any problems that may be found (it is advisable to take photographs).

3.5 In what state must the tenant return the real estate product to me according to article 1.563 of the Spanish Civil Code?

In the same condition in which it was received. In case it deteriorates due to the tenant's actions, the tenant must hire a professional to carry out the necessary repairs.

3.6 As a tenant, can I make minor alterations and as an owner?

If the apartment is to be returned to the owner "in the same state in which it was received", the tenant is prohibited from making any type of alterations.

As owner, it is possible to make small reforms. In Finques Feliu we always recommend that they are done by professionals of the sector. In this link we warn about the dangers of doing a reform on your own.

3.7 Why does Real Estate Law presume the tenant's liability for any damage to the real estate product?

Because from the beginning of the lease the tenant is the one who inhabits the property.

Therefore, what the tenant must prove is that he acted with all due diligence to avoid the damage.

Finally, in this regard, it should be noted that it is crucial to know the precise time at which a breakdown occurs. For example, when it occurs a month after the new tenant enters, it is difficult to attribute a lack of maintenance to it.

3.8 Why is it presumed that, as a tenant, I must pay the municipal tax for garbage collection in the water bill?

The Urban Leases Law (hereinafter LAU) provides in its article twenty point one:

"The parties may agree that the general expenses for the adequate support of the property, its services, taxes, charges and responsibilities that are not susceptible to individualization and that correspond to the leased dwelling or its accessories, shall be borne by the lessee."

However, as the website abogados para todos warns, in order for the tenant to be obliged to pay the tax: in the contract it must appear that the garbage tax for the year of signature of the contract is ..... euros, then the clause will be valid and the tenant will be obliged to pay the tax.

3.9 Why do I as a tenant have to stay at least half a year in the apartment I have rented?

The LAU provides in its article eleven: "The lessee may withdraw from the lease, once at least six months have elapsed, provided that the lessor is notified at least thirty days in advance".

Lately, we directly establish 3 years as usual.

3.10 Can a tenant sublet the dwelling where he lives?

He can but he must satisfy three requirements:

That the landlord knows of the tenant's intention (it can never be sublet on the sly).
The landlord must give written consent. This can be done in the initial lease or in a subsequent writing that explicitly authorizes the sublease.
The sublease must always be partial

Source: article 8.2 LAU

Finques Feliu provides you with the power of information. In the following article we will advise you how to search for your rental real estate product.