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Wysłany: Wto Mar 05, 2024 10:59 Temat postu: Rental without contract: what are the risks? |
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First of all, you should know that renting without a written contract can have consequences. Sometimes you choose to close an agreement verbally to rent a home and although it is completely legal, not having it in writing and signed can cause you a lot of problems.
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When two people in good faith sign a verbal contract, at Chinese Overseas America Number Data that moment everything is perfect. But, not everything always ends as it begins. Relationships begin to have their friction, the interests of each of the parties change and friction arises that impact the deal closed verbally.
Is it legal to have a rental without a signed contract?
As we have mentioned previously, the rental contract signed verbally is legal according to Spanish law. But, despite being legal, the contractual relationship can cause problems between the landlord and the tenant. Without taking into account that since it is a verbal contract, it cannot be proven that it is real.
We are going to go part by part to see how this rental without contract can affect the landlord and tenant , and what are the rights and consequences of making this type of verbal contract.
Recommended reading: 4 tricks to kick out a non-paying tenant
Rights of rental participants without a contract
Landlord rights
According to the Urban Lease Law (LAU), if there is no written lease contract, the rental of the home will last one year . Once this period has expired, the tenant has the right to extend the annual rental contract for at least another 5 years (if the home has been rented after .
The rights of the landlord with rental without contract are:
Right to collect the monthly rent that has been established with the tenant.
The landlord has the right to recover the property at the end of the rental.
Right to establish the rent and rental deposit.
The landlord has the right to kick out a tenant and evict him/her in case of non-payment.
Tenant's rights
The tenant of a rental without a contract has the following benefits:
The landlord cannot increase the rental price if there is no receipt to prove it.
The tenant can use and enjoy the home in an appropriate manner.
Right to request repairs for the proper maintenance and operation of the home.
If the landlord decides to sell a rented apartment , the tenant will have the right to acquire the home before any interested party.
In the event that problems arise in the rental, both parties have a period of 6 months to resolve it.
Right to have the minimum rental duration. When formalizing the rental verbally, it is understood that the duration is one year but when the landlord is a natural person it is 5 years and when it is a legal entity it is 7 years. |
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Wysłany: Wto Mar 05, 2024 10:59 Temat postu: |
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