Obligations for the tenant
August 9th, 2021 |
When you rent a property, it is important that you know as a tenant what your obligations are with the landlord so as not to have any type of legal problems and, in this way, that no claim or penalty can be made.
In this post you will see those obligations that you will have to fulfill after signing your lease, what kinds of things they can ask you for and which ones are not lawful that fall on you.
Obligations and rights relating to the surety
As a tenant, you are obliged to pay the deposit required at the time of making the lease.
This deposit will be paid in cash or by the bank and will be for an amount equal to one or two months of the rent in the case of housing and two months of rent in the case of leasing for use other than housing.
Each time the rental contract is extended, the landlord may request an update of the deposit to increase it, until it is equal to one or two monthly payments of the current rent, as appropriate, at the time of the extension. As a tenant, you are obliged to pay for this upgrade. This update cannot be carried out during the first five years of the contract.
The part of the deposit that the landlord has to return to you after the end of the contract, must be paid, at most, after one month from the delivery of the keys by you. If that time has passed, it will accrue legal interest so you can make a claim.
Obligations on the part of the tenant with the rental of the property
The tenant is obliged to pay the rent in the agreed periods and amounts. Normally it is done on a monthly basis and you will have to pay it during the first seven days of the month, although it can always be agreed and stipulated by both parties differently.
As a tenant, you must receive from the landlord a receipt of the payment made, unless you agree otherwise in advance.
While the contract is in force, the rent can only be updated by one of the parties, landlord or tenant, on the date on which each year of the duration of the contract is fulfilled. In the event that the rent is updated, you will have to pay the new amount from the month following the month in which the update has been notified in writing.
The landlord cannot in any case demand the advance payment of several monthly rent payments.
Housing supplies and services
As a tenant, you will have to take care of the expense incurred in the supplies of the property while your lease is in force.
These expenses are derived from the services that you will individually enjoy as a tenant, electricity, water, garbage tax, etc.
It is possible that it is agreed in the contract that as a tenant you have to pay for services that in principle are paid by the landlord such as community expenses or house insurance.
Conservation of the home
As a tenant, you have the obligation to inform the landlord of the need for the repairs that are required to keep the home in livable conditions.
The landlord is obliged to carry them out, but you as the tenant must know it in the shortest possible time.
The most urgent repairs, always after notifying the landlord, you can make them to avoid damage or serious discomfort and then demand the amount of the repair from the landlord.
You should also bear in mind that small repairs that occur due to wear and tear due to the ordinary use of the house will be at your expense and responsibility as the tenant.
If the landlord has to carry out works that for reasonable reasons cannot be postponed until the conclusion of the lease, as the tenant you are obliged to support the performance of said works.
In order to carry them out, the landlord must propose it to you and notify you in writing at least three months in advance. Indicating the nature of the works, the date of commencement, the duration and the expected cost of the same.
When you are notified of this situation, as a tenant, you have one month from the moment they notify you to withdraw from the contract. If this is the case, the contract will end in two months counting from the moment you give it up and in the meantime the works cannot begin, until the eviction of the property.
This will not be possible if the works do not affect or do so in an irrelevant way to the house, in that case you cannot revoke the rental contract.
If, on the other hand, you decide to support the works that your landlord decides to do in the property, you will have the right to a rent reduction in proportion to the part of the house that, due to the works, you see private use.
In the same way, if carrying out the works entails any expenses as a tenant, you have the right to compensation for them, provided that you can demonstrate that these expenses are due to the course of the works in the property.
Works by the lessee
As a tenant, you will not be able to carry out any work on the house or on the accessories, without the consent of the landlord, always expressed in writing. And in no way, as a tenant, you will be able to carry out works that may cause a decrease in the stability and security of the property.
If you carry out any work without consent, the landlord may require you, at the end of the contract, to restore things to the previous state. It is important that you be careful with this, as it can be a very important double expense and you will be obliged to do so.
It is essential that you always know and take into account what your obligations as a tenant are when renting a home. In this way you will save yourself a lot of headaches when dealing with your landlord. You will also avoid unpleasant surprises as long as you know what you can do and what may be required of you related to the binding of the rental agreement.
And if what you are looking for is tranquility and not having to deal with such cumbersome matters that often disturb your day to day, one possibility is to rent the property through a real estate agency that will take care of all the problems and issues that affect you, helping you at all times and solved any issue for you.
At Homewatch we are dedicated to this and that is why we know what we are talking about, so do not hesitate to ask us any questions and to contact us, we will be happy to assist you.
Article by Vanesa Mena, Aug 09, 2021
Ground Floor Apartment, Playas del Duque, Marbella