How avoid frauds when signing a rent contract in Spain

Moving to another country implies the hustle of having to look for a new accommodation. Thus, operation that might become particularly boring when it comes to face legal problems, such as the contractual conditions.

Here below a simple guide for every foreign student or worker who plans to move to Spain.

How to write a rent contract in Spain

Usually the landlord gives you a contract previously written, that you will just have to fulfill with your data and sign it.

In this case, be careful reading every clauses. In case you will not understand something, do not be afraid to ask and take your time before signing the contract. It is your right!

Thanks to the law act 4/2013 the parts of the contract have more freedom than before: it means they can write their own contract. However, some clauses are mandatory:

1. Place and date / Lugar y fecha

The parts have to write where and when they write/read the contract and sign it.

2. Who / Reunidos

The parts (arrendador and arrendatario) state their personal information:

• Name – Middle name – Surname
• Address
• ID

3. Premises / Manifiestan

In this clause the parts will specify which kind of contract they are going to sign, i. e. Contrato de alquiler. Furthermore, it has to be specified the location of the apartment.

4. Agree / Estipulan

This is the heart of the contract, so pay particular attention to that section, composed by:

4. 1. Duration of the contract / Duración del alquiler

It can be decided by both parts. Write the date when the contract will enter into force.

4. 2. Rent / Alquiler

The parts establish the amount of the rent to be payed and when has to be payed.

4. 3. Security deposit / Fianza

It is mandatory to give a security deposit whose amount is equal to a month of rent. The deposit will be given back to you by the landlord at the end of the contract. If you damage the apartment and the furnitures, the landlord shall hold it entirely or for the amount of damages you made.

4. 4. Use / Destino

It establishes the use of the apartment.

4. 5. Maintenance / Mantenimiento

By signing the contract, you will be obliged to leave the apartment in the same conditions you rent it.

4. 6. Utilities and services / Gastos

You are in charge of paying the bills for electricty, internet, water, heat and so on.

4. 7. Reparations / Reparaciones

You are also in charge of bills and expenses necessary to mantain the apartment.

4. 8. Delay of payment / Demora en el pago

The parts are free to decide how to proceed in case of non-payment.

Example of contract

Here you have an example of a rent contract: click here to download it!

Your rights

• Negotiate the amount of the rent and the duration of the contract before signing the latter.
• Extend the duration of the contract.
• Rescind from the contract if you need it. In this case you may lose the deposit, so be careful to read what the contract states in case of breach.
• Recover the deposit if you did not damage the apartment.

Your obligations

• Pay the deposit when you sign the contract.
• Pay the rent as agreed.
• Be in charge of pay of bills as stated by the contract.
• Leave the apartment in the same conditions it has been rented.
• Leave the apartment if you are insolvent with the payment of the rent.

Some suggestions

• Read carefully each part of the contract! If some parts are ambiguous, or you cannot understand them, just ask and wait before signing the contract.
• It would be better doing an inventory with the landlord before signing the contract: write down (and maybe take some pictures) about what is inside the apartment.
• If you plan to host your friends for a while, it is better to inform the landlord before signing the contract.
• Usually subletting the apartment is unlawful, so pay attention what your contract states about it.
• Always ask if is allowed to smoke or having animals.
• Ask about the payment method. If the landlord prefers the payment in cash, he has to give you a receipt of the payment!

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