Legal Rental Agreement, how to Do it?

15 de July de 2020

Contenido

1 How to rent an apartment?

How to rent an apartment?

We explain in detail how to make a legal rental agreement with all the guarantees. Although many take advantage of the internet to download a ready-made model, it is not advisable. Most of the rental agreement templates found on the internet have errors or are outdated. That is why we explain step by step what you should include in the agreement.

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What is needed to rent an apartment?

A rental agreement is a legal agreement and that is why it is essential to include a series of data. Not including it could cause later problems, especially in communication between landlord and tenant.
We explain in detail the data that you must include in the agreement:

Complete data of both intervening parties. Name and ID.
Contact information for both: phone and email if available.
In the case of the tenant, the address of their home (it cannot be the same as the home they are renting). For the purposes of subsequent communications between the landlord and tenant, if said address is not included, it can be a serious problem.
Registration data of the tenant company in the event that it is an entity (real estate agency, bank, etc.)
In this last case, the data of the person empowered with legal validity to sign said rental agreement must also be included.
The data of the property being rented: registration data, cadastral reference, location and surface area in meters.
Duration of the agreement, the duration of the agreement must be clearly stated. In the case of a housing agreement, the duration will be 3 years.
Renewal periods. It is also advisable to include the form and deadlines for the renewal of the agreement, which may be set for one year.

Draft the rental agreement

After including all the above data, it is necessary to proceed to draft the rental agreement itself.
It is essential that we clearly include the rental price and set said price as a monthly amount. In addition to that, it is important that it is clearly stated in the wording what that price includes.
If the community fee is included in the final price, it must be written clearly.
It must also be made clear who is responsible for paying for any spills that may occur in the community. The normal thing is that the landlord is responsible for them as a general rule.
In addition, we must consider that if the rental agreement is going to last for several years, we must establish how the price will be updated. The most common thing is to include a clause that sets an annual review (at the beginning of the year) linked to the CPI.
And finally, clearly establish the method of payment of the rent. Include if it will be in cash, by bank transfer, etc. In the event that payment is made in a different way to that established in the agreement, care must be taken to ensure that there is reliable proof of payment: signed receipt, proof of deposit into the account, etc.

Tips for renting an apartment

Another of the usual doubts when preparing the rental agreement is whether or not to include supplies.
Establish whether gas, water, electricity or internet are included in the monthly rental fee or are excluded.
This also implies two different situations. If these supplies are included in the rental price, this implies that they are in the name of the landlord. If, on the contrary, they are excluded from the fee, the tenant will have to personally register said supplies.
It should not be forgotten that, in certain cases, water consumption is included in the community fee collectively. If so, it must also be clearly reflected in the agreement.
Another fundamental element to include is the issue of breakdowns and repairs and how to manage them. Not adding it to the rental agreement can cause many subsequent headaches for both the landlord and the tenant.
It must be clearly reflected whether works are allowed in the home and with what scope and character. A work for an urgent breakdown is not the same as an aesthetic reform, for example.
In addition, it must be clearly stated which of the two parties will bear the cost of said works for breakdowns.
A similar case is the issue of furniture and appliances in the event that the landlord provides the home with them. It must be established who is responsible for the renewal of the same in case of breakdown or wear and tear of the same and therefore who will own them in case of purchase.
Finally, and as support for the issue of breakdowns or appliances and furniture, it is advisable to include photographs. An annex with updated images of the apartment at the time of signing the agreement will serve as a reference and legal support when

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Obligations of the tenant in the agreement

A clause should be included in which the obligations of the tenant with respect to the home are established. Some seem common sense and that is why many do not include them in the agreement, but not doing so can cause later problems.
Among other issues, the prohibition of subletting the home or some rooms, not introducing dangerous animals into the apartment can be established. Do not carry out activities that endanger the integrity and tranquility of the rest of the neighbors, etc.Another important aspect not to forget and that must be reflected in the agreement is the deposit.Normally when living in a home a deposit paid by the tenant is established. It must be clear what that deposit is for and in what cases it is returned if there is any breakdown or in case of non-payment of any monthly payment.
Finally, although rental agreements are not mandatory, they can be elevated to public deed. But it can be established the possibility that either of the parties does so if it is their wish.