When signing a rental contract for a home there are two figures: the landlord and the tenant. In this post, we will focus on the obligations that the owner of the apartment has when renting their property.
The duration of the rental contract is freely agreed by both parties. However, when this is less than one year, it will be automatically extended by annuities until it reaches the minimum duration of 5 years, indicated in the March 2019 reform of the lease agreements.
Breach of contract
The rental agreement is based on two basic principles. The landlord allows the enjoyment of a home in exchange for a monthly payment paid by the tenant. However, the document to be signed (remember that a verbal agreement is also perfectly valid) establishes different rules, clauses and obligations that both parties must comply with. In case of breach of the rental contract, different legal consequences could arise.
Some examples of breach of the contract would be: the tenant deciding to unilaterally break said contract without having exhausted the term; or that it has been delayed in paying a fee. In the first case, the owner has the right to sue and claim compensation. In the event that the breach occurs before the end of that period, the courts will decide on the amount of compensation following the provisions of the law.
In the event that it is the landlord who does not comply with the terms established in said document, the tenant has the right to claim and request compliance.
The amount to be paid monthly, as established by Law, is freely agreed between the parties and, unless they so decide, the tenant must proceed to payment during the first 7 days of each month. The landlord does not have the right to request the advance payment of the rent and this amount may be subject to review by both parties each year of the contract.
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The landlord is obliged to make the home habitable. In other words, the house will be reviewed and can only be rented if it has a series of hygiene and safety conditions established by law. In the event that the home, whatever the reasons, becomes uninhabitable, the tenant has the right to suspend the contract or to withdraw.
The deposit is paid by the tenant when the contract begins and, by law, corresponds to a monthly payment. This amount is used to guarantee payment and damages, once the lease is finished. The owner must return the deposit when the contract ends, requesting, to the corresponding body, its re-entry in order to pay it to the tenant. In the event that the return is delayed, the tenant could make a claim.