Dissecting a Typical Spanish Rental Agreement
You've made the leap to move into a rental home or apartment in Spain and are ready to collect keys to your new home, but there's the small matter of signing your rental agreement first. It's estimated that almost 60% of rentals in Spain during 2009 were not declared for tax purposes, and this also means that most will not have had a contract. As the renter in the situation, it's always beneficial to have a legal document with the rights and details clearly displayed in case of any discrepancies ' especially if you're a foreigner. Here's what a typical document should contain.
Firstly, the full name, national identification number and address of the owner or landlord of the property you are renting, followed by the same or similar information about you. If you don't have a national identity card, or a foreigner's permit, you may be required to use your passport as proof of identity. The document will label the landlord as the unique and only owner of the property ' an excellent piece of information which benefits the new renter. This will typically mention the owner is also the sole owner of the furniture within the property if it is furnished, and often an annex or list is provided with the basic elements of the dwelling, such as sofas, beds, wardrobes, light fittings etc. however, this is not always the case.
The following part of the document is the legal jargon, and is often common sense, but in lawyer-speak. Things such as the tenants cannot sub-let the property, that the landlord rents the property with no outstanding bills or previous tenants, and it also stipulates the duration of the contract, which is normally either 1 year or 5 years, renewable. It is then normal to stipulate the monthly rental which will be deposited automatically by bank transfer into the landlord's account which will also be detailed.
It is commonplace for a month's rent to be given as a deposit, which will be returned to the tenant no later than one month after the contract has been terminated, and this deposit does not serve as a last month's rent ' although it is also common for this to happen if both parties agree to do so. This monthly rental can either be given in cash, or as a banker's guarantee, which often needs to be registered in the local authority's Institute of Living Quarters (Instituto de vivienda).
The bills and maintenance will either be charged directly to the tenant, or will be included in the monthly rental, being more common the former, and it is the tenant's obligation to maintain the living space in good repair. Any reparations which need to be carried out during the tenancy, apart from general wear and tear, will be charged to the tenant. Similarly, the tenant cannot modify or construct within the dwelling anything which will change the current status of the dwelling. Things such as painting, and decorating are normally exempt from this clause, but it is always best to ask permission for any kind of work which needs to be carried out.
The final parts of the contract relate to the registry of the document in the civil register, so that it becomes a legal document and the permission from the landlord for the tenant to register themselves as their official address for any further documents that may be needed ' for example, in council taxes, contracting of utility bills, etc. This last section also often details any increase annually of the rent, and how it would be calculated (by tax increases, and such). It is important to note any further clauses, such as the time needed by either party to terminate the contract, for example. The signing of the contract is in the best interest of both parties, and ensures the tenant will have legal backing in case of any possible problems. Also, the landlord is obliged to declare the rental for tax purposes, and if the tenant files tax returns in Spain, then this also figures for them, too.
