Useful information on non-payment of rent
How can you protect yourself against future defaults?
When renting premises or housing, it is highly recommended to assure yourself of the solvency of your future tenant/s through deposits or last pay slips. On the other hand, taking out payment insurance will study the tenant’s suitability and will cover him/her against possible non-payments, avoiding future headaches.
What is the difference between a long or short term rental contract?
This is one of the issues in real estate law, where misunderstandings exist. The long or short term contract, as many people call this difference, does not depend on the duration of the contract.
The type of rent depends on whether the tenant uses the property as a permanent residence or not. This condition has to be clearly stated in the contract.
If it is a contract of habitual residence, the tenant will have the right to the automatic and compulsory extension that the Law of Urban Leases states (as long as the tenant pays and fulfils the conditions of the contract). Therefore, it does not matter if you state in the rental contract that the duration of the contract will be 11 months or one year, as this clause will not be valid and the tenant will be entitled to the extension.
What formalities and documents do we need to register my property as a holiday rental?
If you want to rent your property as a holiday rental, IT IS OBLIGATORY TO APPLY FOR A HOUSING LICENCE CON TOURIST PURPOSE AT THE JUNTA DE ANDALUCIA. This is a number issued by the Junta de Andalucia, the VFT.
To apply for the VFT, it is necessary that you have:
- Application form
- Buying and selling deed or nota simple.
- IBI certificate.
- Electricity and water bills.
- Occupancy license (either you already have it or you have to apply for it at the town hall or you have to make a new one)
Once we obtain the VFT, you then have to register with the police, who will give you a username and password, so that you can add all the tenants who use your holiday rental property.