Villa, El Rosario, Marbella
What contract to make to a tenant
August 11th, 2021 |
In this post we want to let you know what type of contract you can, as a landlord, make to your tenant to have a profitable and calm leasing relationship.
It is very important when renting a home that you choose a tenant who gives you confidence and gives you peace of mind for the fulfillment of the contract. But it is also extremely important that the contract is clear, precise and that it does not give rise to mistakes.
Of course, the written contract must be in accordance with current legislation so as not to give rise to any type of problem with which they can claim or penalize you. We are going to analyze a series of elements necessary to be able to make a rental contract on your home and some characteristics that they must collect.
Energy efficiency certificate and habitability certificate
They are mandatory procedures for the rental of a property. The energy efficiency certificate must be carried out by an engineer or an architect. With it they will give us an energy rating that we must have and show when renting a home.
The habitability certificate serves to certify the good condition of the property and that it can be inhabited, according to the conditions established by the law that requires us to have a valid habitability certificate to be able to occupy the apartment or carry out any transmission with it.
Depending on each autonomous community, there may be an obligation that as a landlord you must deposit the amount of the deposit of the lease at the disposal of the relevant autonomous administration, which will return the amount at the end of the existing contract.
It is therefore essential to know what are the laws of the community to which your property belongs to adapt to the situation and always act within the legal framework.
Census of urban leases
The Government draws up a census of urban rental contracts. For this census, the identifying data of both the landlord and the tenant are necessary, as well as the duration, date and clauses of the contract.
For this, as a lessor, you must send the Ministry of Public Works, Transport and Environment, all the required data.
Non-payment of rent insurance
It is a widely used insurance and although it is not mandatory it is highly recommended. An insurer will be responsible for conducting a tenant’s solvency study. If the insurer sees it as viable, it will cover a part of possible unpaid rent, normally up to twelve months.
With this insurance, in addition to possible defaults, you will also be protected against any theft, damage or injury that the tenant may carry out on the home that is the object of the lease.
Tenant solvency study
In addition to insurance companies, banks also offer the service and the possibility of having a solvency study of the possible tenant done.
In them they will detail if there is any plausible incident that may make you doubt whether it is the right tenant to carry out the lease. Of course, whether it is carried out by a bank or an insurer, it is essential that the future tenant give their consent in order to carry out this study.
Characteristics of the rental contract
The lease must have a series of characteristics that must be met for it to be legally binding.
The duration of the contract will be agreed by both parties freely. If this duration were less than five years, the contract would be automatically extended in annual terms.
As a landlord you can withdraw from the rental contract, but for this, at least six months of said contract must have elapsed. To do so, you must notify the tenant at least thirty days in advance.
Inventory of the condition of the floor
It is very convenient when renting an apartment that you make and reflect in the contract an inventory of the condition of the apartment and the elements that are in it, furniture, appliances, etc.
If we reflect it in the contract, the tenant must accept it so that there is no problem at the time of any breakdown or disappearance of any element of the house or the unusual deterioration of any part that was previously in good condition.
Monthly rent receipt
The landlord is obliged to deliver to the tenant a receipt for the payment of each monthly payment, unless another procedure is previously agreed to certify the payment of the monthly rent.
If as a landlord you do not deliver the receipts, the expenses that may be generated to the tenant will be your account to record the payment.
The monthly receipt is important, as you will need it to prove the existence of the rental contract in case there is a problem. It is always better to collect receipts by bank transfer, so that the payment is recorded.
Don’t leave any loose ends, trust a professional
It is important that you take into account all the possibilities that may arise and not leave any loose ends when making the contract, this can avoid misunderstandings and claims or penalties. Therefore, you must be very attentive when drafting the lease.
From Homewatch we offer you our administrative and property management services to make the complicated moment of drafting the contract easier. Our professionals will advise you and fix all this cumbersome paperwork so that there is no confusion or problem in your leasing relationship.
Do not hesitate to contact us and let us take care of the entire process so that you can carry out the rental of your home in a satisfactory and simple way.
Article by Vanesa Mena, Aug 11, 2021