(+34) 678 347 125

Rental Guide for Tenants

Rental Guide for Tenants Almería, Long Term Renting with RMB Spain

With a great selection of rental properties here in Almería, we offer Holiday, Mid-term and Long Term rentals. If you don’t find suitable ideas in our website then please contact us so we can search on your behalf. Please keep in mind that listings may not be live or hidden for various reasons, see our Property Finders Services in the footer menu below.  Our contracts were last reviewed by a Lawyer January 2016.

If you are looking for a long term rent in Almeria, please see are following step by step guide:

  1. Check availability by contacting us (note: photos may not be up to date, items changed, or general photo of communal area and not necessarily corresponding to the specific property).

  2. Arrange a viewing or request more photos and information.

  3. Signing the Rental Agreement - please see Requirements.

  4. Payments of the Security Deposit * (based on legislation for the use of rentals, paid upfront), Rental payments (month in advance) and Utility payments (either by Direct Debit or when the bills are presented).

 

Community fees, Spanish property tax (IBI) and utility activation fees are at the expense of property owner whereas service and utility consumption is at the expense of the tenant.

* Security Deposits, in compliance with stipulations established in the Spanish Urban Lease Act (LAU, acronym in Spanish) and regional regulations concerning the subject, the tenant will be requested, upon signing the agreement, to submit a cheque in the amount established by law to cover the “security deposit”. In accordance with the LAU in vigour, the amount of the deposit is equivalent to one month’s rent. Nevertheless, some Spanish autonomous regions establish different amounts and may request the equivalent of two month's rent, generally speaking when the property is furnished.

 

REQUIREMENTS:

Before entering into an agreement you may be asked to provide the following information:

Employed: Two most recent wage slips, accreditation of number of years spent in the company (employment history or employment contract).

Self-employed: Last income tax return and last VAT return.

Retirees: Last pension receipt.

Depending on the risk assessment and prior to signing the rental agreement we may request additional guarantees whether in the form of an endorsement, additional cash deposits or a joint guarantor.

In all cases we will need the following to prepare your contract:

Copy of Passport / NIE of each tenant and guarantors

Home/previous rental address

Bank account number and address

This data will be processed according to Spanish Organic Law 15/99 from 13 of December on the protection of personal data.

 

IMPORTANT NOTE:

The previous information is intended to provide potential tenants with a quick overview of the main rental agreement conditions of RMB Spain residential properties. However, this information is not intended to be comprehensive and neither does it cover all of the clauses (given their extensive length) in property rental agreements. Furthermore, particular or special conditions concerning certain properties may be pertinent and must be considered.

 

FURTHER INFORMATION ON RENTAL CONTRACTS

Primary Residence Rental / Non-Residential Use

A primary residence rental refers to an agreement under which the landlord/landlady grants another person the right to use and enjoy a liveable property whose main purpose is to fulfil the tenant’s permanent need for a primary residence. Legislation further specifies that the regulations applicable to residential property rentals also apply to garages, storage units, furnishings, rooms or spaces rented or services granted as accessories to the residence and rented by the same landlord/landlady.

These same regulations do not apply to rental agreements whose purpose is to provide a non-residential property. Rather, these contracts are regulated by legislation applicable to non-residential use such as property intended for commercial, industrial, artisanal, professional, recreational, medical, cultural or educational purposes or seasonal purposes such as summer use or other.

LAWS that regulate residential property rentals

Rentals are regulated by the current Spanish Urban Lease Act from 24 of November, 1994 (LAU), modified by Law 4/2013 from 4 of June. Marketing residential property rentals is regulated by Royal Decree 515/1989 from 21 of April on consumer protection in terms of information provided during purchase, sale and rental of residential properties. (Also see Energy Performance Certificates).

Residential property rental agreements are governed by the following and according to the current Spanish Urban Lease Act; (a) terms in titles I (scope of the law) and IV (on rights and obligations of parties) of the LAU, (b) by agreements, clauses and conditions wilfully determined by the parties within the framework established in title II of LAU (on residential property rentals), and c) the terms of the Civil Code.

Types of rentals excluded from the application of LAU (abbreivated information) are residential properties as assigned to doormen, guards, salaried employees, employees and government workers due to the nature of the post they fulfil or the service they render. Military residences, contracts rented primarily for agricultural, livestock farming or forestry purposes (rural rentals), university accommodation and temporary transfer of use over an entire furnished residence, equipped for immediate use, marketed or promoted via tourist channels and intended for profit when subject to a specific regime as a result of sector regulations.

DURATION of a primary residence rental agreement

The term of a primary residence rental agreements is that which both parties choose to establish. However, if a term is shorter than three years, the rental is compulsorily renewed for the landlord and optionally for the tenant in yearly terms until the minimum term of THREE years is reached, as established by law. Legislation indicates that if the parties do not establish a term, the contract will be concluded annually.

You can renew after three years have passed if one month prior to the end of the fifth annuity the parties have not expressed their will to conclude, the agreement will automatically be renewed annually for a maximum period of one year (annual tacit renewal). The agreement becomes valid when the property is handed over and the dates on the signed rental agreement does not have to coincide with the same date.

Is the landlord or tenant obligated to renew the agreement for the minimum duration of three years?

Once at least six (6) months have passed from the date the rental agreement was signed, the tenant may withdraw from the agreement as long as the landlord is notified of such in accordance with the communication procedures agreed upon in the agreement and with at least thirty (30) days’ notice.

In this case, the tenant must pay compensation to the landlord in the amount equivalent to one (1) month’s current rent for each year remaining in the contract. Terms shorter than one year will require a proportional share of the compensation pay.

RENT

Rent settlement

Rent will be settled according to what the owner and tenant wilfully agree to and, unless indicated otherwise, will be paid monthly within the first seven days of each month. Payment will be made in the place and by the method agreed upon, and in the absence of an agreement, will be paid in cash in the rented residence. The landlord must provide the tenant with a receipt for the rent payment, unless it has been agreed that the rent be paid by a procedure that provides proof of the tenant’s payment (transfer, account deposit, post office giro, etc.).

Will rent change over time?

During the first five years of the rental agreement, the rental amount can be revised only on the end date of each year in the agreement. Revisions are made by applying the variation reflected in the Consumer Price Index (CPI) during the previous twelve months to the rent amount from the immediate previous year. The tenant will be required to pay the new revised rental amount as of the following month. Notification in writing of the revision will be sent to the tenant indicating the percentage applied.

In contracts with RMB Spain what other fees figuring in the agreement must both parties pay?

At the expense of the LANDLORD:

a) Utility activation: For new property rental agreements, the landlord pays for water and electricity activation fees in accordance with established procedures. The tenant shall activate utilities in their name and the landlord will reimburse the activation fees upon presentation of the bill. Upon termination of the contract the landlord/agent will request the tenant’s cooperation to facilitate name change.

b) Spanish Property Tax, Community Fees and Building Insurance: The landlord is responsible for paying these costs.

 

On the other hand, at the expense of the TENANT:

a) Service and utility consumption: Services and utilities will be paid by the tenant based on consumption. Water, electricity, gas, air conditioning, telephone and other services or utilities that the TENANT contracts on their own account as well as the installation, maintenance, repair and replacement of respective meters and other elements needed for installing each service or utility in required conditions.

b) Property Transfer Tax: The TENANT is responsible for paying this tax in due time and manner in rental agreements that are exempt from VAT/IVA. This tax is calculated on the basis of the total rent payable for the entire duration of the agreement. This tax may be paid with revenue stamps which are available in newsagents or subsequently by following procedures and timeframes established by the tax law.

c) Multi-risk insurance: RMB Spain properties are insured in terms of buildings but not in terms of content. Therefore, the tenant is advised to buy multi-risk home insurance at their own expense and to check if there is Public Liability – see MGS Insurance.

 

SECURITY DEPOSIT AND ADDITIONAL GUARANTEES:

What is a Security Deposit? Rental Deposits, cover against damage.

Upon signing a rental agreement (subject to LAU), according to the Urban Lease Act, the tenant must present a cash amount designated as a deposit, whose purpose is to guarantee the tenant’s compliance with contractual obligations.

The security deposit (equivalent to one or two month's rent) is usually held by the Landlord or the Rental Agent but can also be deposited in the corresponding entity in each Autonomous Region until contract termination.  In Andalucia all rental deposits taken for rental properties should be held by the Junta de Andalucia. The amount should be lodged within a month from the start date of the rental contract.

On the day the contract terminates, the Landlord or Agent will need to collect the keys and check that the residence is in normal conditions, in other words, the same conditions in which it was handed over to the tenant plus normal wear and tear. They will also need to verify that the tenant is up to date with all payments. Once this formality has been carried out and the results are deemed satisfactory, the owner will return the security deposit in full.

If the owner had to use a part of the deposit to settle a pending payment, the remaining amount will be returned. The deposit must be returned within a maximum of one month from the date the agreement was terminated or should be returned promptly to the tenant in a timely fashion (with the mutual understanding that some bills may take longer to be issued) providing the tenant has given proper notice and there was no damage to the property or outstanding bills.

If it is not returned during this time period, the tenant may demand legal interest on the sum. It is important to point out that the security deposit is not meant for paying the last month’s rent. Rather it is to be used to compensate imperfections, pending bills or service and utility consumption pending payment.

 

WORKS:

What is meant by MAINTENANCE REPAIRS in the residence?

Concerning repairs, the landlord must pay for all repairs needed to maintain the residence in liveable conditions, except when damage has been caused by the tenant. The tenant must tolerate the repairs unless the repairs last for more than 20 days, then the tenant has the right to a discount in the rent, proportional to the part of the residence temporarily affected by the aforementioned repairs. Upon prior notification to the owner, the tenant must undertake any urgent repairs needed in order to prevent impending damage, charging the cost of such to the landlord. Small repairs resulting from normal use of the residence will be at the expense of the tenant.

What is meant by REFURBISHMENT?

The owner can undertake refurbishment in the residence if said refurbishment cannot be postponed until the end of the rental period. The tenant must be notified in writing three months in advance of what the refurbishment will entail, the start date, duration and expected cost of such. In this case, the tenant has the right to withdraw from the agreement. If the tenant tolerates the refurbishment, the tenant has the right to a discount in the rent, proportional to the part of the residence temporarily affected by aforementioned works. The tenant will also have the right to compensation from the expenses incurred as a result of these works.

Can the tenant undertake works in the residence to modify it?

Works undertaken by the tenant require express authorisation from the landlord. If the tenant undertakes works without obtaining authorisation, the owner can terminate the contract, or demand the tenant reinstate the residence to its former conditions at the end of the contract or maintain the modifications without paying the tenant for any sums. Under no circumstance shall the tenant undertake works that abate the stability or safety of the residence.

Is it necessary to request the landlord’s authorisation even when undertaking minor works in the residence?

In order to undertake works of any kind, whether minor or not (drilling holes in the walls, expanding kitchen cabinets, installing air conditioning, etc.), a written authorisation must be obtained with as much time in advance as possible. RMB Spain will issue, if appropriate, written authorisation which will be annexed to the contract.

 

OBLIGATIONS OF PARTIES:

The rental agreement establishes obligations for both parties. Non-compliance with obligations by either party will give the party in compliance the right to demand compliance with obligations or terminate the agreement and claim compensation for damages. In both cases, procedures must be in accordance with stipulations in article 1124 of the Civil Code.

Do current legislation and stipulations in contracts with RMB Spain establish obligations for both parties?

The LANDLORD must not interfere with the TENANT’s quiet enjoyment of the property during the entire term of the present contract and will not be responsible for circumstantial disturbances caused by a third party, regarding which the TENANT must take direct action against the interfering party. The TENANT must use the rented property in due diligence and for the purpose agreed upon. Furthermore, upon termination of the contract, the tenant must return the rented property in the same conditions in which they received it, excluding deterioration that occurs over the passage of time or due to an unavoidable cause. The TENANT must respect stipulations to that effect in current legislation and regulations of the Home Owners’ Association of the building to which the property belongs (regarding the use and enjoyment of common facilities and services). Changes in transfer, bothersome, unsanitary, injurious, dangerous or illegal activities, damages caused by malicious intent or undertaking works without prior consent are expressly prohibited.

What is a contract transfer? Are transfers or sublets permitted in contracts?

A transfer is when the tenant hands over possession of the flat to other people not included as tenants in the contract, also know as “subletting”. In order to do this, the tenant must receive prior consent from the landlord and attest to such by adding an addendum to the contract if accepted by the landlord. Non-compliance with this procedure will cause termination of the contract due to TRANSFER WITHOUT CONSENT.

Contracts with RMB Spain do not permit total or partial transfer or sublet without consent from the landlord. Moreover, for all changes to the contract (transfer of co-tenants, etc.), notification must be given to the Landlord who will then issue prior written authorisation.

Do pre-emption rights exist in contracts?

RMB Spain rental agreements normally exclude pre-emption rights, first option to buy.  The Landlord shall notify the Tenant of their intention to sell the property prior to formalising the agreement and it can be agreed if viewings to potential buyers is an acceptable condition between both parties.

 

CAUSES FOR CONTRACT TERMINATION:

BY THE LANDLORD:

a) Non-payment of rent or any sum corresponding to the tenant.

b) Non-payment of deposit amount or the revision of such.

c) Sublet or transfer without consent.

d) Damages to the building caused by malicious intent or undertaking works without consent from the landlord, when consent is required.

e) When bothersome, unsanitary, injurious, dangerous or illegal activities take place within the residence.

f) When the residence ceases to primarily fulfil the tenant’s permanent need for a residence or the same need of the person occupying in accordance with stipulations in article 7 of the LAU (spouse not legally separated or dependent property or children).

BY THE TENANT:

A) The landlord’s failure to make necessary repairs in the residence thus preventing the use of such for purposes agreed upon.

B) De facto or de jure disturbances caused by the landlord to the use of the residence.

In addition to remaining causes, the rental agreement will terminate as a result of the following:

a) The loss of the rented building due to causes not attributable to the landlord.

b) In the event of an official declaration of ruin issued by a competent authority.

 

 

 

LEGAL DISCLAIMER. Although accurate at the time of writing the information contained in this document does not constitute a legal contract or legal advice.  Please note that we cannot be held responsible for the contents and private legal advice should be taken.  No claims against RMB Spain, or its employees, in respect of the information above will be accepted.

 

 

This website uses cookies, our own and partner companies (third party), in order to collect statistical information about navigation and show advertising according to your preferences, generated from your navigation model. If you continue browsing, we consider you accept its use. For more information click here MORE INFO ACCEPT