Apartment, Mijas Costa
August 4th, 2021 |
When you rent a property, as a tenant, you have a series of rights and, of course, also obligations when occupying the rented home.
It is important that as a tenant you know your rights so that there is no room for misunderstandings and in case of any interference you can adequately defend them.
In this post we are going to talk to you about these rights that, as a tenant, you must preserve and know throughout the duration of your rental contract.
Return of the deposit
As a tenant, you have the right to be returned the relevant amount of the deposit, deposited at the time of making the rental contract, when it expires.
This deposit is delivered so it can be used in the event that if it were necessary to make repairs from damage, but not to guarantee payment of the monthly rent, if the situation that has not been paid by the tenant is given.
Rights over the duration and termination of the contract
Regarding the duration of the contract, even if you have signed a one-year rental contract for the home, you have the right to withdraw from the lease if at least six months have elapsed since it began.
This will be possible to do as long as you notify the landlord at least thirty days before the date on which you want to end the lease.
In the drafting of the contract, you can agree between both parties that, in the event of withdrawal, the tenant must compensate the landlord with an amount equivalent to one month’s rent for each year of the contract that remains to be fulfilled.
Right to extend the rental agreement
At the date of completion of the contract, if this is of a duration less than three years, you have the right to go prolong year after year, until at least the three years that the law gives you.
If, as the end date approaches, you do not want to exercise your right to extend the contract for a new year, you must notify the owner thirty days before the date on which the end of the contract is recorded, in order to withdraw from it and terminate the leasing contract.
Right of assignment of the lease
In the case of occupying the house with your spouse, if there is a separation and the abandonment of the house by the tenant, the person who appears in the contract, his spouse will have the right to continue with the rental contract as long as notify the owner two months in advance.
As a tenant, you have the right to assign the contract to a third person, as long as the landlord agrees and that there is no clause in the contract that expressly prevents the assignment.
Works carried out in the house for the duration of the rental contract
As long as you have the consent of the landlord, you can carry out works in the house. This consent must be express for said work and be in writing to avoid misunderstandings.
If the tenant wants to carry out works in the house and the execution of these is not necessarily urgent, in the sense that they can be expected to be carried out until the end of the contract, as a tenant you have the right to have said works be postponed until you leave the property once the rental contract is completed.
If, on the contrary, the works that the landlord wants to carry out are necessary and they cannot wait for the end of the contract to be carried out, you will have to endure them. Of course, if the works prevent you from enjoying fully or a part of the house, you have the right as a tenant to compensation in the form of a reduction in the monthly rent for the part of the rented house that you cannot enjoy.
Necessary home repairs
You also have the right as a tenant to request the landlord to make the necessary repairs to keep the home in the agreed habitability conditions. The landlord has the obligation to carry out the repairs that you always communicate to him in the shortest possible time.
However, the small repairs that occur due to the wear and tear of the normal use of the house will be at your expense as the tenant.
Right of preference in case of sale of the property
As a tenant of the home, if it is put up for sale, you have the right to a preferential option when acquiring the property.
In this case, it is the owner who has to present his intention to sell in writing and give you the option to exercise your right of first refusal.
To exercise this right of preferential about buying housing, you must answer within a maximum thirty days after the formal submission of the lessor from the sale of the home you are occupying.
Look for professionals to help you during your rental process
By being clear about your rights, you will save yourself many possible problems and misunderstandings with your landlord. For all tasks to be performed at the time of putting a house for rent, HOMEWATCH offers you our team of professionals who will help you and clarify all the ins and outs of contracts and the steps you have to perform when rent a home.
Do not hesitate to consult our services and put yourself in the hands of professionals, who will make your stage of renting your home much easier.
Article by Vanesa Mena, Aug 04, 2021
Apartment, Elviria, Marbella
Apartment, Costabella, Marbella