The new rental conditions

Law 29/1994, of November 24, on Urban Leases is responsible for regulating the rental of housing in order to comply with the obligations of both the landlord and the tenant. This year a new update to Article 20 has been released, here we will update you on the current regulations in force.

The new article specifies an agreement on the payment of the general expenses of the home and individual services of the rented home.

1.The parties may agree that the general expenses for the adequate maintenance of the property, its services, taxes, charges and responsibilities that are not susceptible to individualization and that correspond to the rented home or its accessories, are borne by the lessee.

But it also refers to the payment of the intermediary's management: The property management expenses and those of formalizing the contract will be borne by the lessor.

When we want to rent our home we must take into account the duration of the contract and whether we are a natural person or a legal entity. In Article 9, point number one, it explains that the duration of the lease will be freely agreed upon by the parties. If this were a natural person, the contracts have a minimum duration of five years, but if it were a legal entity, the minimum term would be seven years.

In reference to the extensions of the contract, Article 10 explains that once at least five years of its duration have elapsed, or seven years if the lessor is a legal entity, the contract will be obligatorily extended for annual terms up to a maximum of three. more years unless the lessee expresses to the lessor one month in advance of the termination date of any of the annuities, his desire not to renew the contract.

And finally, we mention the new conditions in housing lease contracts subject to this law in which the property is located in the stressed residential market area. Article 17, which talks about Income, point six specifies that due to the right to housing, the rent agreed upon at the beginning of the new contract may not exceed the last rent of the habitual residence rental contract. It may only be increased, beyond what comes from the application of the clause for annual updating of the rent of the previous contract, by a maximum of 10 percent on the last rent of the habitual residence lease contract, in some of the the cases mentioned in section number 6 of the same article.

Referring to the section of Article 17, Sant Feliu de Guíxols is currently considered a stressed market area, however Santa Cristina d'Aro is not included yet.

If you are thinking of renting your home or renting it, Finques Santa Cristina and Immo el Portalet can help you with the management and keep you up to date with all changes in current laws.