When signing a rental contract, many doubts may arise, especially when you do not have previous experience in the field of leasing. In this type of case, the tenant should know that, although the law regulates rentals, there are different clauses of the contract that can be freely agreed between the parties.
Despite this, some common practices are illegal, and tenants should not give permission for them to be included in rental contracts. The Big Problem In This Sense Is That Currently Finding A Rental Home Is Increasingly Complicated, Both Due To The Demand For Its High Prices, What You Want, What You Want, What You Want, WHAT IS TAKEN ADVANTAGE OF BY MANY Owners To Try To Impose Clauses of rent that are more beneficial to them, even though this goes against current legislation.
The 4 illegalities that cannot be included in your rental contract
Through the Urban Leasing Law and the Housing Law, a series of rules are established that both landlords and tenants must comply with when signing the rental contract for a home. However, some practices are quite widespread that are not legal and that the tenant should not allow.
The first of them is that the payment of the real estate fees is the responsibility of the tenant, which is illegal, since this expense must be paid by the landlord. It is illegitimate whether he assumes full payment or part of it, so even half-payment of his emoluments should not be accepted.
Another irregular practice that frequently occurs has to do with the deposit and additional guarantees required by the owner, which are established by law, which determines that the latter cannot require more than one month of deposit if it is a in the case of renting a home, and two months in the event that the property is intended for a different use. On the other hand, you can require additional guarantees such as a bank guarantee, but they are limited and cannot exceed two months’ rent.
On the other hand, illegalities regarding the duration of the contract must be avoided. This can be agreed freely, but for contracts after March 6, 2019, in rentals of less than 5 years (if the owner is a natural person) or 7 years (if it is a legal entity), the contract will be automatically extended until meet these deadlines.
Finally, it must be clear that the rent should not be updated without agreement by the parties, so it must be included in the rental contract. It can only be updated upon completion of each year of validity and with a limit on the variation of the CPI for that period.
