9 illegal clauses in the rental contract

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Much of the population in Spain lives for rent. Then, you will recognize the importance of having good renters insurance and being well advised. For this reason, in the Peris Blog we tell you 9 illegal clauses in the rental contract that you should know.

9 illegal clauses in the rental contract

According to V Abogados, Legálitas y Alquiler Seguro, these are the nine most frequent abusive and illegal clauses in rental contracts:

Is there a mandatory period of stay to rent a flat?

The reform of the LAU establishes from its entry into force in 2013, that the tenant has the right to terminate the contract after the first six months after signing the document. The penalty for this termination is established in the same law.

The tenant may withdraw from the tenant contract, once at least six months have elapsed, provided that he communicates it to the lessor at least thirty days in advance. The parties may agree in the contract that in the case of withdrawal, the tenant must indemnify the lessor with an amount equivalent to one monthly rent in force for each year of the contract that remains to be fulfilled.

The periods of time shorter than a year will give rise to the proportional part of the compensation.

Can you extend the rental agreement?

The LAU indicates that the duration of the rental contract will be freely agreed by the parties. If this is less than three years, arriving on the expiration date of the contract, it will be obligatorily extended for annual terms until the lease reaches a minimum duration of three years, unless the lessee states, at least 30 days in advance of the date of termination of the contract or any of the extensions, your willingness to renew it.

The renewal of the rental agreement is mandatory for the owner and voluntary for the tenant.

There is only one exception if, after the first year, the landlord informs his tenant that he needs the house. There is another very important nuance, and it is that in such a case:

The owner must allocate the property to permanent housing for himself or his relatives in the first degree of consanguinity or by adoption or for his spouse in the cases of a final sentence of separation, divorce or marriage annulment. Otherwise, you would not have the right to terminate the contract.

Can the owner enter the rented house whenever he wants?

Of course not, this is another of the illegal clauses of the rental contract that you should know. The Spanish Constitution recognizes the inviolability of the home in its article 18 and states that you can only access a home if you have the consent of the owner of the contract or with a court order.

The domicile is inviolable. No entry or registration may be made in it without the consent of the owner or judicial resolution, except in case of flagrante delicto.

Can you claim if the deposit is not returned?

The landlord or owner of the home must reimburse the amount of the deposit if there are no pending obligations to cover with it, at the same time the lease ends, not being able to retain it without justifying cause, such as cleaning or the painting of the property, since these damages are due to normal use by the tenant.

Who pays for repairs in a rented house?

The tenant will have to take care of the breakdowns caused by misuse and regular maintenance. On the other hand, the owner will be in charge of the necessary arrangements so that the house is kept in good condition.

Remove the tenant’s right of first refusal and withdrawal without having renounced the preferential acquisition

If the owner does not indicate in the contract that the tenant waives his preferential acquisition right in a specific clause, when the day he decides to sell the property, he cannot do so without notifying the tenant and giving him the possibility of becoming the buyer. .

Require advance payment

In no case may the landlord demand the advance payment of more than one monthly rent.

Is there an annual update of the deposit?

No, the deposit can only be updated after three years of the contract. Each time the lease is extended, the lessor may demand an increase in rent, or the lessee a decrease, until it equals one or two monthly payments of the current rent, as appropriate, at the time of the extension.

Semiannual rent review

The rent can only be reviewed by the lessor or the tenant on the date that each year of the contract is in force in the terms agreed by the parties. In the absence of an express agreement, the rent review will not be applied to the contracts.


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