Warning: The information set out below is a general guideline provided by DOMENECH ABOGADOS.
Specific advice should be sought before any action in reliance on it is taken, as explained more
fully in this website's
legal
notice.
Although, strictly speaking, a verbal rental arrangement may be valid, it’s best
to confirm all rental terms in writing by using a proper rental contract. Items the
agent/landlord “includes” at the outset may just not materialise, and if it’s not in black and
white you’ll be hard-pressed to insist. DOMENECH ABOGADOS can either draft a rental contract
for you, or review one you may have been handed by a potential landlord.
Specific and compulsory legislation may apply to rental arrangements, depending
on the type of building - whether it’s designated as urban or rural property - and other
circumstances (for example, if it’s a dwelling, whether it’s an ordinary term lease or just a
holiday let). Clauses covering furnishings, or ruling if the property can be used as an office, may
also be relevant.
The Urban Rental Act applies to many rentals concerning urban dwellings, but it
doesn’t cover holiday lets and there are other important exceptions too.
Where a rental subject to the Urban Rental Act is established for a term of less
than five years, the tenant will be able to enforce automatic extensions until a full five year
period is reached. The Act also gives owners the right to request a one month guarantee, but many
landlords request more than that (and may also look for bank guarantees).
Even when subject to specific legislation, rental arrangements usually give
scope for negotiation (and in current market conditions, more so than ever). UK tenants are
often surprised at how onerous standard tenancy contracts are regarding such matters as
wear-and-tear, redecoration and, even, maintenance of the common parts. Entrust DOMENECH ABOGADOS
at the outset with your negotiation, and we’ll often be able to “soften” the approach and avoid
nasty surprises for you at the end of the tenancy.
Whether you’re interested in renting a Spanish home or business premises, you
don’t need to accept the terms suggested by property agents/landlords at the outset; there’s no “
official” or “standard” rental agreement, so there’s no need to accept requirements such as paying
the first month’s rent to the property agent to settle her/his fee. Rather than just accept any
document submitted to you for signature, play it safe and let DOMENECH ABOGADOS negotiate on your
behalf: we’ll be pleased to assist you.
And if you’re a non-Spanish resident wishing to rent out your Spanish property
for holiday use, remember it’s key to ensure the rental contract excludes any hidden automatic
extension and that your non-resident Spanish income tax payments (currently 24% on rental accrued)
are made to the Spanish tax authorities in time. Again, call us at DOMENECH ABOGADOS for
further insight.