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You may have already gone through the hardest part, finding the perfect accommodation for your stay in Spain. But before you can hang up the roma in your new closet there is one very important step you need to do: read and understand your rental contract. Every country has its own rules, so today we will explain everything you need to know before signing a rental contract.
Signing a rental contract is something you can’t avoid if you want to live abroad. In fact, we recommend you to always sign one, it can save you a lot of trouble and worries. Contracts are made to protect both you as a tenant and the person renting the property. Understanding the complex terminology of leases can be a bit overwhelming, this article will help you avoid misunderstandings with your new landlord. So, let’s get to it!
What should a rental contract contain?
To know what to expect from a spanish rental contract, you must first know what information it contains. Every lease should contain the following parts:
- Identification of the landlord and tenant.
- The address and description of the property
- The term of the lease
- Amount of rent and payment terms
- Any other legal provisions that the parties agree upon
- Details of the property’s expenses and who is responsible for them
- Terms of late payment
- Conditions of subletting
- Jurisdiction
Duration of the contract
Under Spanish law, properties can be rented on either a long-term or short-term basis. Short-term contracts are known as seasonal leases, while longer contracts are known as home leases. But what is the difference between the two?
- Short-term leases: Short-term or seasonal leases require tenants to vacate when the term of the lease ends. They are usually used for vacation contracts and can last for a maximum of one year.
- Long-term contracts: A long-term contract is considered a long-term contract when it lasts at least one year. If the contract is for less than five years, it is automatically renewed upon expiration unless either party states otherwise. Once these five years have passed, the landlord may terminate the lease provided that 30 days’ notice has been given.
If you are coming to study your Erasmus or to do an internship in a company, you may be more interested in short-term contracts. If so, make sure that this condition is specified in your contract! This way you will avoid problems in the future.
How to terminate a rental contract?
Your room was not what you expected? Have you decided to move out before the end of your lease? Don’t worry, you don’t have to stay there forever. Once six months have passed since the start date, you can terminate your lease. To do this you must give the landlord at least 30 days written notice, so don’t forget this detail!
You should also be aware that the landlord can terminate the rental contract if any of the following reasons occur:
- If you have not paid the monthly rent
- If you have not paid the deposit
- In case there is a non-consensual subletting
- When the tenant has caused damage to the property, or unauthorized works.
- If you are carrying out unhealthy, dangerous or unlawful activities in the property
- If the owner needs to recover the dwelling for personal use, this need must be justified