Things to consider from the perspective of the tenant

8 Feb 2019

When you rent an apartment in Spain, you should check a few things. First of all, if possible, it would be good to get yourself or ask someone you know to see the apartment. The Internet is full of all kinds of adds and many have come up with unpleasant surprises when the apartment has not responded to what has been seen in the internet. There are also all kinds of intermediaries, so even if it is a brokerage company, you can still be tricked. Facebook groups often exchange recommendations for trusted companies and good experiences. You can also get good tips from acquaintances. As a general rule, it is advisable to always sign a written lease.

Before signing a rental agreement, you can check the apartment details by ordering the registration certificate and see that it is really the right owner of the apartment you are renting from. In addition, it is advisable to read the agreement carefully and see which of the monthly payments will be paid by the tenant. Normally internet, electricity and water charges are paid by the tenant. Payments for housing associations are often the responsibility of the owner, as is the insurance of the apartment. Also check that the landlord's personal information and your personal information is found in the agreement and is correctly written. The date of commencement and termination of the contract, the address of the dwelling and the amount of the rent must also be found in the contract. Often the agreement also deals with situations where an agreement can be terminated earlier and its consequences. It is often mentioned if pets are not allowed. If the tenant leaves early or damages the apartment, he may have to pay a fine of, for example, one month's rent. It is also worth remembering that each page of the lease should be signed by both parties as well as their signatures on the last page.

The landlord does not get the rental guarantee, it must be deposited in a separate account and this is also worth checking to make sure that you actually get the warranty back when the contract expires. The tenant has the right to terminate the contract after six months with a 30-day notice period, regardless of the length of time the rental agreement has been made. The tenant has to compensate for the time that is left in the contract however. If the rent were left unpaid or any other reason for the eviction was fulfilled, in practice the landlord should wait for the court's decision and, for example, he cannot switch locks or otherwise prevent the tenant from accessing the apartment, for which he can be fined or even imprisoned. Also, cutting off water and electricity is a punishable act that can be reported to the police.

It is good to be able to prove your ability to pay, for example with a salary bill or enough savings, and even better if you have recommendations from previous landlords that they see that you have paid the rent, you have not caused any disturbance and the apartment has been in perfect condition when you left. Before moving in, you may want to ask for inventory of all items that are rented with the apartment and, before moving out, it is advisable to ask for a final inspection a couple of weeks earlier in order to make the required repairs and get the largest possible amount of the warranty back.

Long-term lease agreements over 11 months have better protection of the tenant. If the owner changes when the tenant has a long-term lease and has renewed it for three years, the new owner may not break the contract, as the tenant has the right to live the entire three year rental period in the apartment by continuing to pay the rent to the new owner.

Sources:https://stevanato.com.ar/noticias/que-informacion-revisar-en-un-contrato-de-alquiler, https://www.fotocasa.es/blog/alquiler/que-datos-pedir-a-tus-posibles-inquilinos/, https://www.diarioinformacion.com/finanzas-personales/2018/12/28/hay-nueva-ley-alquiler/2102171.html,https://www.idealista.com/news/inmobiliario/vivienda/2012/12/11/552901-el-papeleo-que-debe-realizar-un-inquilino-para-alquilar-una-vivienda-sin-sorpresas, https://www.expatica.com/es/housing/renting/renting-103913/, https://transferwise.com/gb/blog/renting-process-in-spain-guide, https://www.spanishpropertyinsight.com/legal/renting-in-spain-top-10-mistakes/

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