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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 396. Legals for rentals III. Guarantee and rental amount
Friday, November 19, 2010 @ 11:10 AM

Rental guarantee deposit ( provision 36 of the Urban Rentals Act)

What:  When signing the contract and by legal imperative, the tenant needs to hand over to the landlord a cash rental deposit of

How much:-one month’s rent  for permanent use ( housing) rentals

                -two months´rent for seasonal use or temporary contracts

This deposit amount can be updated once the first five years of rental life has passed.

Why:in order to guarantee any damage caused in the property by the tenant. The damage needs to be proved as not being the consequence of the habitual use of the house.

Refundable: This cash will be given back to the tenant once the house is given back in perfect state after the renting period.

If damages have been caused, the cost of the repair of these will be deducted from the deposit amount.

This deposit cannot be used to pay rental instalments.

The deposit can be asked back if not given to the tenant after the letting, interests will be charged once one month has passed and the deposit has not been refunded.

Rent

How much: Rent is freely agreed by parties.
The landlord can never ask for advanced payments of more than one   month.

During the first 5 years of contract, the rent will be updated according to the Consumer Price Index (IPC) published by the National Institute for Statistics. After those first five years, the updating can be done in a different way, but generally this IPC index is used after the first 5-years period too.

The updated rent needs  to be communicated to the tenant and will be requirable one month after this communication.

When: Unless a different thing is accepted by the parties, the rent is paid in a monthly basis and must be done within the first 7 days of each month.

How and where: Rent payment can be done where and how the parties agree. If nothing is stated in the contract regarding this, the payment must be done in cash and at the rented house. 

A receipt must be given to the tenant, unless the payment can be proved by a different means (i.e. Bank transference receipt).

 

 

Moorish Balcony in Alhambra, Granada by Shapeshift at Flickr.com



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1 Comments


rent guarantees said:
Friday, June 7, 2013 @ 6:19 PM

The developer who gives a guarantee is essentially signing a contract or a lease on the property. If the developer does not provide the agreed upon rental income, the investor has options to legally receive the money.

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