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Costa del sol, Spain
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Lease agreement in Spain

If you plan to rent your apartment, it is of course important that you choose a reliable tenant. In addition, it is important that the rental agreement itself is clear and without contradictions. Recently, there have been changes to the norms governing lease agreements, so it is particularly important to ensure that the agreement is drawn up in accordance with current legislation.

There are different types of rental agreements and you have to choose the agreement carefully according to the type of rental relationship you are dealing with. For example, the legal provisions referred to in the rental agreement, where the object is a permanent apartment, are different from those where a holiday apartment is rented.
It is also worth noting that there are several mandatory legal provisions for the duration of the rental relationship. For example, if it is an apartment that is rented for permanent use, the duration of the contract can be entered 6 months ahead, for example, let’s take a general one-year rental contract; in this case, however, the tenant has the right to extend the contractual relationship for up to five years. This comes as a surprise to many owners, when there is an intention to return to their Spanish apartment, and the lease cannot be terminated without a valid reason.

When renting an apartment, the contract should contain at least the following points:​​
– Personal information of the lessor and the tenant
– Identification information of the property to be rented
– Duration of the rental agreement
– Rent or initial payment of the agreement
– Various special clauses that the parties involved have accepted
– Legislation governing the lease

Signing the lease does not require any special documentary evidence as such, although it is common for the landlord to ask the tenant for salary slips, etc. to confirm income. In turn, the landlord must give the tenant a legal energy certificate. It is also advisable to verify identity and record for possible disputes. In practice, the tenant also gives a guarantee to the landlord when the contract is signed. The lessor must keep the deposit in question and return it at the end of the agreement, if everything is in order at the time of handover. To avoid disputes, it is recommended to make and record both an inventory and a condition check in connection with the lease agreement.
The lease agreement is signed in 2 identical copies, one for the lessor and one for the tenant. in addition, register the lease agreement. We offer detailed information and customized lease agreements in Spain for the assignment.

These posts are not legal advice and are meant only for informative purpose. Any legal advice requieres a case by case study first.

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