When looking for housing these days, many people opt to rent. If you have also determined that it is the best option for you, be prudent and know all clauses inserted in the lease to avoid onerous or illegal terms.
Main considerations in the clauses inserted in the lease agreement
The clauses inserted in the contract are an important aspect to consider before renting. The entire agreement must be signed in writing, twice, by the tenant and the lessee. Everyone should obtain their own copy.
In addition, the lessor must attach a copy of the energy certificate of the dwelling. It will also be useful to check the condition of the property and possible problems, as well as the inventory of the existing furniture. The most common clauses in leases that can harm you are the following:
If the lessee does not stay for a full year, he/she will be sanctioned.
Many long-term leases also stipulate that the tenant must pay for the entire first year; the landlord will impose penalties if the tenant fails to do so. This is an unfair, illegal and abusive clause.
However, Article 11 of the LAU provides that the tenant has the right to terminate the lease after the first six months. If there is a penalty, it will be limited by the provisions of the law.
Prepaid rent
Under the LAU, you cannot prepay more than one month’s rent. The landlord is not legally authorized to require the tenant to pay two or three months’ rent in advance, let alone risk eviction if he fails to do so.
False seasonal leases
Some landlords choose to negotiate 11-month leases instead of a full year; making the lease exempt from the LAU on a seasonal basis. They do this to prevent the tenant from having the right to occupy the property for a maximum of three years.
However, there must be a valid cause for the temporary nature of the rental, such as employment, temporary relocation, studies, etc. Just as there must be a permanent address of the tenant other than the apartment being rented for it to be called temporary.
The owner and clauses inserted in the contract
The landlord’s right to visit the property at any time to inspect its condition is the last and most frequent unfair clause.
This provision is null and void and unenforceable. However, because it violates the inviolability of the home guaranteed by Article 18.2 of the Spanish Constitution, the tenant may refuse to allow the landlord access to the property under this law.
Refusal to grant a formal extension to the contract
Another condition frequently inserted by landlords states that the lease has a term of one year. This may not be extended by law for a further one to three years. On the contrary, Article 9.1 of the LAU establishes a three-year extension as a legal right of the tenant and an obligation of the landlord.
Failure to maintain property as required
Article 21.1 of the LAU obliges the lessor to carry out the necessary maintenance work to keep the property in good condition. However, it is cautioned that because the interpretation of clauses related to such work are delicate, it is best to have a lawyer carefully draft the contract.
What if the lease has unfair terms?
If the clauses inserted in the lease contain clauses abusive of the tenant’s rights, it is advisable to file a lawsuit, because only a judge has the authority to determine whether a clause is illegal.
To avoid situations of abuse by the lessor, it is best to leave the preparation of the contract in the hands of a lawyer. If there is a clause in the lease that is detrimental to the tenant, only those provisions that the courts may deem unenforceable are invalidated. The entire lease remains in effect.
