With the return to routine and university, many citizens start October with the search for a home to rent. And it is at this moment when the task of gathering all the essential documents, looking for a bank guarantee, etc. begins. But what should you know when renting a house?
Let's start with: what can the tenant demand from the owner of the house?
Today we are going to review the most important issues that you have to take into account both as a future tenant and in the event that you are the owner when renting a home.
Mandatory documents to formalize the rental of a home
The documents that the owner can request when formalizing a rental are, firstly, the identification document of the interested party such as the DNI or the work and/or residence permit, and, secondly, the documentation that verifies the economic capacity of the future tenant (employment contract, payroll, etc.).
Is it legal to ask for a guarantee to rent a property? And your bank movements?
The landlord can ask you for a bank guarantee or personal guarantor to guarantee the fulfillment of your obligations as a tenant. But, he cannot ask you for bank movements, to justify your economic solvency.
When do you have to notify that you want to leave the house?
The tenant must notify the owner at least one month in advance (this may vary depending on the contract and when it began), having to do so after the sixth month of validity, a period that is mandatory for the tenant. If the deadlines that we have mentioned are not met, the owner can charge you for the days that are missing until the stipulated days are completed.
What is the maximum amount of deposit that the owner can ask for?
The Urban Leasing Law contemplates the requirement of a deposit equivalent to one month's rent and the payment of said deposit must be made in cash. When the rental contract ends, the amount must be returned to the tenant one month after the keys to the house have been handed over.
What happens if the landlord finds out that his home has been advertised on vacation rental sites without his permission?
If the tenant tries to do business with the house by advertising it on vacation rental pages, the landlord will oppose such activity because he has not authorized the promotion of his property for such purpose. Afterwards, he will proceed with the request to withdraw the advertisement and, if not, he will announce legal actions against this situation.
Can the tenant sublet any room in the house?
From our office we want to emphasize that, in no case, the tenant may sublet the rented property in whole or in part without the permission of the owner.
How to act in the event of a damage to the home
The most important thing is to report the existence of damage or flaws in the home as quickly as possible, requiring their repair. The tenant may fix the most urgent ones in order to avoid further damage or inconvenience, and may immediately demand the corresponding amount from the owner, as long as it has been previously communicated.
Do you want to rent a house for your stay at the University?
In the event of renting the house to students, normally for the period corresponding to the academic year, it is advisable to include a personal guarantor clause (father or mother) in the contract. In this way, the fulfillment of the obligations in the lease will be guaranteed.
Likewise, it is possible to establish rules or limitations regarding the use of the common areas of the dwelling when it is rented to several people.
From our office we also warn you to include a clause indicating the obligation not to carry out annoying or harmful activities for the rest of the property and, where appropriate, incorporate all those rules that may exist for the use of elements or common zones. If the property has a swimming pool, sports areas or parking spaces, the owner will establish the rules and limits of use.
So, now you know what you should know when renting a house? If you still have doubts and do not want to stay on the street or without the compensation that is owed to you, call Audacia Abogados and we will help you.