It is common for problems to arise for both the owner and the tenant of the home when it is rented.
On the one hand, on multiple occasions, it is usually the owners who are the worst unemployed, since the tenants tend to cause damage to the home, non-payment of repeated rents, leaving the landlord in a very unfavorable situation.
But also, many owners or real estate agencies take advantage of the ignorance of tenants in leases to impose abusive clauses in their contract.
For this reason, whether you are the owner or the tenant, it is advisable to put yourself in the hands of a lawyer when signing a lease, as well as later for any disputes that may arise. At Audacia Abogados we can give you personalized advice on your situation.
Throughout this article the most common problems that arise in leases will be developed.
Problems with rents. Repeated non-payment of rent can leave the landlord in a very vulnerable situation and legal actions can be filed from the first month. The truth is that resolving this situation before the Courts can take time, and that is why it is always a better option to try a negotiation with your lawyer and your tenant, without ruling out the possibility of going to court.
Annoying and illegal actions carried out by the tenant inside the house. There are tenants who run clandestine operations inside their homes, hold illegal parties in the early hours of the morning, are the scene of cleaning problems that generate annoying odors. The tenants inside the house, can generate problems of coexistence to the neighbors of a building, in which the community of neighbors itself informs the owner of these actions, so that he can solve the conflict caused. It is important that the lessor is aware that the Urban Leasing Law indicates the actions listed above as reasons to terminate the lease.
Expenses, which are assumable by the owner and which by the tenant? It is important that each of the parties know the expenses that they must bear.
The homeowner must face the expenses of the community of owners, the Real Estate Tax, as well as all the necessary expenses to keep the house in good condition for its habitability, without increasing the rent.
The tenant, on his part, must assume individualized expenses, that is, bills for electricity, water, etc. In addition to the minor maintenance expenses, the LAU determines that the small repairs that cause wear and tear of the home, and the damages that it has caused must be at its own expense.
If it is true, that sometimes the doubt may arise as to who should bear a certain expense, because it is not possible to differentiate whether the expense is maintenance or conservation, therefore it is necessary that they be put in the hands of a lawyer, so that they can determine who is responsible for the debt.
At Audacia Abogados we can help you with any of the problems that arise both when formalizing a lease contract and later, you just have to make an appointment here.