What should I put in the rental contract for renting out my apartment?

[fonica]

Just be very careful,the law here leans towards the tenant and depends on the amount of months/years on the contract to the rights that the tenant has.It's more than tricky!!!You can end up having to extend the contract or unable to remove your clients.Get some good advice.

[bunnygirl34]

hi,reguarding the inventory,what should be included,only things your fussed about being nicked,or everything teaspoon to be counted.....? :S

reguarding the contracts...apparently..they MUSt be in spanish to be legal,then a copy is obviouslly polite so the tenants understands what they are signing...

any other tips of what to include in a contract are greatly appreciated!
x

[markjdavies]

We've just joined the forum and are looking through al the relevant threads about moving to the island!
We also are looking to move early next year, so good luck Emma Wright!!! Let me know how you get on!
We have have a friend who let their flat out for 6 months through an agent (not sure which one) but the couple then left after a month!, It was a 6 month tenancy agreement, but they were told that it does not breach the agreement to leave early!!
We have just sold our Sales & Lettings business in England and we have always 'interviewed' the prospective tenants, getting as much information on them as possible, including guarantors, if possible, but at the end of the day, you have to follow your gut feeling.
A Landlord friend of ours told us, when he showed people round his property he said to them ...
"I will be the most friendly & amenable Landlord you will find, if you just look after my property and pay the rent on time. BUT, if you screw around, you will find me the most difficult person to deal with!"
He said it was amazing how many people never came back to him!!
If anyone wants any advice from us, please just ask! (We're not experienced in Spanish lettings though!)
Mark & Stephanie

[Balcony]

You don't have to have to have a rental agreement, but it is advisable to have one and often these are usually standard, state-sponsored landlord/tenant agreements (blanks) available from tobacconists for around €12.

A short term contract is usually for holiday lets and an arriendo de viviendas used for long term rentals.

If you don't understand a contract then always get it checked by a lawyer before signing it. When a landlord accepts a rent payment there's an implicit contract, although this is only for the period for which you've paid. You should receive a written receipt for all rental payments.

Although many seek to have a long term contract for periods such as 6 months, or 1 year under current law a rental contract for a principal home has a minimum duration of 5 years and is renewable annually by mutual consent. A contract is tacitly increased for one year if the tenant doesn't give the landlord 30 days notice before the end of a year and rent rises are limited.

If a landlord wishes to recover a property for his/her own use he/she can refuse to extend the contract beyond 5 years and this is best done in writing.

A tenant must pay a deposit on 1 month's rent (2 month's if the property is furnished) against damages. Tenants may be required to pay property tax (IBI) and community fees if it's specified in the contract.

For landlords, you should avoid signing a temporary contract, say for 1 year, which is later interpreted by a court as a long term contract valid for 5 years. This is a common practice when a tenant is a resident of Spain and is the reason why many foreign owners refuse to rent to Spaniards.

Tenants can be evicted, although an owner may require a court order. Reasons for eviction may include failure to pay rent, damage to property, use of property for immoral purposes, sub-letting, or for causing a nuisance to neighbours.

A tenant can terminate a contract (and is entitled to compensation) if the landlord has caused changes or disturbances in the property, doesn't carry out necessary repairs, or doesn't offer the services stated in the contract.