The drafting of a rental agreement implies a series of responsibilities for the tenant and the owner linked to its fulfillment. One of which is the requirement and provision of bail.
What is the bond?
The deposit is the payment made by the disbursement to protect the owner from possible damage that may be caused to the home or premises, this money can be used to repair them. If the deposit does not cover the seriousness of the damage, the owner can demand the additional cost from the tenant.
What is the deposit amount?
The deposit corresponds to one monthly rent for the dwellings and two monthly rents for the premises.
Can more months of warranty be requested?
The regulation of the deposit is found in article 36 of the Urban Leasing Law. Said article establishes the possibility of asking the housing tenant for complementary guarantees that cannot exceed two monthly rent payments. Regarding the premises, there is no such limitation, so it is understood that the owner can request guarantees or signs for higher amounts.
Can the deposit be used to cover unpaid months of rent?
In the context of the exceptional situation that we are experiencing as a result of the health crisis, Royal Decree Law 15/2020 established the possibility of an agreement between the owner of the business premises and the tenant to use the deposit to cover part or the entire rent. The tenant is forced to recompose the deposit within a year from the date of the agreement, or until the conclusion of the contract if the term is less than one year.
Outside the scope of this exceptionality, the deposit cannot be used to cover unpaid rent. Yes, the complementary guarantees mentioned above can be applied to non-payments.
The jurisprudence does admit that, in the event that the tenant returns the home in perfect condition, the use of the deposit can be agreed for the payment of the last monthly installments to be paid.
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