BASICS TO CONSIDER WHEN ENTERING INTO A HOME RENTAL CONTRACT

IN RESPONSE TO THE GREAT DEMAND THAT EXISTS IN TERMS OF RENTING A HOME IN THE COSTA DEL SOL AREA, FROM TOSCANOLEX,WE WANT TO SOLVE THE MAIN DOUBTS THAT ARISE IN RELATION TO THE RENTAL AGREEMENT.

Consider the difference between:

-TOURIST HOUSING RENTAL AGREEMENT: Rentals for less than 2 months

-CONTRACT RENTAL USE DIFFERENT HOUSING: It can be local or housing, as long as the destination of the rental is not the usual housing destination

-HOUSING RENTAL AGREEMENT: For a period longer than two months and the destination is the main home

FOR THIS LAST CONTRACT (HOME LEASE), WE COME TO HIGHLIGHT THE MAIN POINTS TO TAKE INTO ACCOUNT SO THAT BOTH THE LANDLORD AND THE TENANT PROTECT THEIR INTERESTS IN THE BEST WAY POSSIBLE.

1.- Verbal or written contract: It is one of the main doubts that arise when it comes to the formalization of it. Therefore, we recommend that it is best to opt for the writing (worth proof at any time and thus credit terms, rent, among others)

2.- Public or private document: Despite the requirement that it be made public, the contract can be formalized in a notary

3.- Registration in the Registry?: As stated in the previous point is not mandatory, but it is advisable, since, by registering it, the tenant confirms the right that assists him to be a minimum of three years

4.- Basic requirements to be provided for in the contract: In summary, it must contain in detail and specifies the identity of the contractors; identification of leased housing; the agreed duration; the initial income of the contract and the other clauses that the parties had freely agreed to.

5.- Taxes payable:

  • IRPF: The landlord must declare the income obtained by the rental on the income statement.
  • VAT: the tenant is exempt from VAT and this exemption extends to garages, accessory annexes to dwellings, as well as rented movable property. On the other hand, if the lease is mixed (it is intended for housing and professional activity), you will be subject to VAT.

6.- The energy efficiency certificate

of the house: the owners of homes built before 2007 are required to hand over the energy certificate. The landlord is obliged to record in the contract a clause indicating that at the time of signing the certificate is provided and a copy is provided to the tenant.

In a very short way we come to explain the basic premises to which each part must be taken when entering into a rental agreement for a home. Therefore, do not hesitate to contact our law firm Toscanolex to advise you in full everything related to housing rentals. We will be happy to be able to solve any doubts that arise.

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