SOME FREQUENT ASKED QUESTIONS Is a 11 months contract considered as a short rental or long rental contract? It is considered as a long rental contract and the tenant would have same rights as if the contract had been made for a year. Tere is plenty of jurisprudence in this respect.
Is it a verbal agreement considered valid and in force between the parties? It has the same effects as a written contract, with the same rights for the tenant. In this case, the rental payments will make proof of the contract and the starting date. We recommend a written agreement.
Who pays what? In general, landlord will pay the taxes affecting the property, i.e. IBI and Community of Owners. Te tenant will pay the utilities and the normal maintanance of the house for using it. However, the parties are free to agree on a different basis.
Can a tenant terminate the rental contract anytime? Te tenant can terminate the contract:
- Aſter six months, respecting a notice period of 30 days, regardless of the duration of the contract - A clause stated in the contract can establish that the tenant can terminate the contract anytime, even before the six first months
Who pays the insurance? Te payment of the insurance depends on what it is stated in the rental agreement. It is normal that the insurance for the content is arranged and paid by the tenant when the house is rented unfurnished. Te container (the property) is normally insured by the landlord. In any case, we recommend that the Insurance is agreed in the contract and paid for any future problems.
If the tenant does not pay, can the landlord cut off the utilities, i.e. electricity,water or changing the locks? No. Tis will be considered as a criminal offense with legal serious consequenses for the landlord. Te landlord must follow the legal provisions and make the corresponding claim in court.
“THE CONSTANT INCREASE OF
THE LONG TERM RENTAL PRICES IS A CONSEQUENCE OF A GREAT DEMAND”
TOURISTIC AND HOLIDAYS RENTALS Special mention must be made to this type of rentals which are regulated by another specific law. In Andalucia it is the Decree 13/2011 and came into force on the 12 May 2016. Te owners of properties that are rented for touristic and holiday purposes must register the property with the Andalusian Tourist Registry and obtain a special lincense. Basically, the Special law is addressed to those residential properties that are rented out on a short-term with the possibility to make prior reservations. Tese properties are normally advertised using specialized media i.e. air-bnb, HomeAway, Tripping, Tripadvisor and so on. Te regulations of this type of rentals will be explain in detail in another article.
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