As discussed in one of our previous posts, Spain has modified its rentals laws this 2019, so, first of all, go check it to know what you can and can not expect from renting a property in Spain.
Many people wish to come to live in Spain searching for sun, nice weather and the loveliest people. Of course, in order to do that, first things first. Do you have an NIE or any of the documents you need to move to the country of the sun?
If not, our Immigration Lawyers can help you to process all this bureaucracy.
Once done, the next step is finding a lovely house. There are many kinds of properties that would perfectly suit you and we’re sure you’ll find the right one. In order to acquire a suitable one, there are a few things you should know before renting a property in Spain.
Which are these 5 things you should know before renting a property in Spain?
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The contract length
It can be freely agreed by the parties. On leases for housing purposes, if the duration is less than five years or less than seven years if the lessor is a legal entity when the contract expires, it shall be compulsory extended for annual periods until the lease reaches the minimum duration of five years or seven years if the lessor is a legal entity. We highly recommend you to read more about the contract length in here. In case the landlord would like to end the contract from the landlord side, there has to be a notification of a 30 days mínimum.
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The extra costs of renting a property
As in your own property, there are extra costs that you can’t get rid of such as government taxes or community taxes. For example, you must pay the regular costs such as water, electricity, wi-fi… That’s normally like that, except the price of your rental already includes those. On the other side, there are some taxes such as Garbage Tax or IBI (property tax) that usually are paid by the landlord, unless it’s specified in the contract.
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You must leave a deposit
The deposit can’t be higher than the price of a one-month rental. This deposit will be given to the landlord as soon as you enter the property and will be given back once you leave. It’s used as a guarantee that you will take care of the property. In case something breaks, the landlord will use it to repair what you broke. Note, however, that the lessor can request an additional guarantee to the deposit such as a bank guarantee, insurance against non-payment of the rent, etc.
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The property rent can be updated
During the term of the contract, the rent can only be updated by the lessor or the lessee. It has to be done on the date on which the contract is fulfilled each year, in the terms agreed by the parties. In the absence of an express agreement, no update of income will be applied to the contracts.
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The landlord claims his property
In case the landlord wants the property back, there are usually two different cases. A) if he wants to sell it, he has to wait until your contract ends. He can sell it anyway but can’t kick you off until the contract is over. B) If he wants it for himself or his child, he has to warn you 2 months prior to his/her entrance.
Now you’ve got some tips on what you should know before renting a property in Spain. We wish you the best luck on finding the perfect one for you. In case you’ve any doubts in the process, our real estate lawyers will be more than pleased to help you.
