Canary Islands: rights and obligations lease
More and more interested parties rent real estate in the Canary Islands to settle there.
Of course you should also be informed about the Spanish leases.
It is useful to obtain good information about the leases in advance, which we of course offer and update.
The rights of the tenant are currently:
First, the broker negotiates the rental price and the term of the lease.
Sure you can also rent directly from landlords without brokers.
However, one should then be aware of the fact that the tenant in the case of the case, nobody stands by the side. When renting with a good brokerage office, you as a tenant also later during the tenancy has a contact person who is available to answer questions and further.
Of course, this service should be free of charge for the broker.
Reputable brokers like us from Immorent Canarias also offer the Spanish rental agreement in the national language of the tenant, so that they can read the contract terms later in their own language.
Most long-term landlords in the Canary Islands first want a lease for a period of 1 year to avoid constant change.
This lease can then be extended after this first rental period.
The government says that the tenancy can be automatically continued with further rent payments without concluding a new lease.
This is possible according to the current status of the government of 2019 with up to 5 years extension by automatic further payment of rents.
After 5 years, according to the government, a new lease should be completed.
Sometimes landlords also rent for 6 months, but this is an exception, because understandably, a landlord rarely feels like a tenant change every 6 months.
after the first rental period always 4 weeks to the next month can be terminated.
(the sooner you know that you want to end the lease, the more likely you should then notify the landlord, so that he can look around for a new tenant in a timely manner)
Early termination of the tenant:
If the tenant terminates the tenancy before expiry of the first rental period of, for example, 1 year, the landlord can charge between 1 and 2 rent as damages according to the law of early termination.
Alternatively, the tenant can provide a new tenant to avoid these costs. However, this new tenant must be accepted by the landlord, that is, bring a proof of credit, and suit the landlord as Nachmieter accordingly.
In case the tenant is looking for a new tenant, he can also ask his broker if he will help him, because real estate agents usually have several tenants looking for them.
Extraordinary termination by the landlord:
After expiry of the lease with 1 year rental period , the owner can terminate the contract unilaterally with two months notice for the following reasons:
A) Sale of the property , in which case the renter retain their right to sample and withdrawal.
However, he must then first ask his tenant if he has an interest in a purchase, since the tenants have a right of first refusal.
B) The landlord needs the rented apartment for the personal use of blood relatives second degree of consanguinity or adoption or for the spouse in case of separation, divorce.
If the landlord has demonstrably no other option, he must give the tenant at least a reasonable period to seek an alternative, so that the lease can then be terminated by both sides.
C) Failure / payment arrears of 1 month rent payment by the tenant = in this case, the landlord has the right to terminate the tenancy even during the rental period, insofar as the rent was not paid.
If the renter with 4 weeks in the rent arrears, this can not rely on the deposit, as this should remain for the security of the proper return of the property.
D) The sublease or cession of the dwelling or one of its parts.
The tenant is not allowed to rent the property to third parties.
This would be a gross breach of contract, so that the landlord can terminate without notice.
E) Damage caused by the tenant to the apartment, which were caused intentionally without the consent of the landlord, or without the consent of the landlord, if the consent is required.
So you should always ask the landlord for changes within and outside the rental property, if he agrees.
Of course, we offer our customers the service of transmission in the appropriate language to the owner.
F) If there are disturbing, unhealthy, harmful, dangerous or illegal activities in the home .
This refers to drugs, criminal activities and the like.
Return of the property :
At the end of this contract, the apartment will be returned by the renter under the same conditions and condition of the furniture, as handed over by the landlord.
If the tenant has caused damage in or to the property, he must renovate it in previous condition, repair it.
Broken furniture caused by the renter has this to replace or to pay the landlord.
On the day of signing the lease, the agreed deposit will be paid to the landlord by the renter.
The landlord has the right in Spain to take either 1 rent or 2 rent deposit.
A bank guarantee (bank guarantee) is also accepted.
The deposit may not be charged with the last rent!
Even if the rumor kitchen of foreigners sometimes claims that the landlord does not pay back the deposit at the end of the lease, this has good reasons.
This can be, among others:
Miet the tenant does not return the property properly to the landlord
property damage has arisen which must be repaired or replaced.
Miet There are rental liabilities
the notice period was not properly observed by the renter
Haustiere Pets were kept despite prohibition of the landlord (if this was not contractually agreed)
the renter threw away property of the lessor without asking
This is paid by the landlord back to the tenant, as soon as the last water and electricity bills are present.
Alternatively, you can ask the landlord, he creates a calculation on the consumption of water and electricity of the rental period, and on the basis of the deposit the last water and electricity costs deducted, and thus the remainder of the deposit is paid upon delivery of the keys.
The tenants confirm that they keep the apartment and the facilities in the same perfect state of preservation, after checking the condition, and undertake to return them under the same condition at the end of the tenancy or to satisfy the landlord, in which any damage to be paid ,
The apartment is rented with furniture, then the landlord can provide an inventory of existing furniture and utensils that the tenant has to sign. The landlord is not legally required to provide an inventory. The stock must be returned to the lessor in the same extent by the tenant.
If you have the desire to bring your own furniture, or to buy yourself, it is best to rent semi-furnished or unfurnished properties where possible.
There may be no changes made by the tenant within the apartment, without the written permission of the landlord.
Or by confirming a third person, such as the broker.
In principle, in this case, we let the landlord confirm in writing that the tenant can make corresponding changes.
In case you have carried out work without permission of the landlord, the change in this case remains in favor of the property. For example, it is safe to ensure that the tenant disposes of the furniture without the knowledge of the landlord, so the then new furniture of the tenant goes into the possession of the landlord. Thus, it is guaranteed that the landlord can assert claims for damages, even with demolition. In addition, the landlord has the right to terminate the contract within a period of a short time. Currently this amounts to 10 days.
The tenant is prohibited from using flammable material, bad odor or other materials that cause inconvenience or harm to neighbors in or on the property.
The tenants are obliged to allow access to the rented property to the owner or a person representing him, to check the apartment for proper tenancy or
to verify the fulfillment of the contractual obligations.
That is, should repair work in or on the property be necessary, the tenant has to let the landlord into the property. However, the landlord has to ask this before the tenant, so that both can make an appointment.
For immediate measures such as water pipe breakage, power problems or fire, the landlord has the right to immediate entry of the property.
If the renter can not be reached in this case, it is a proven emergency. Then the landlord can act immediately with appropriate craftsmen, even without the consent of the tenant. But only in that case, the tenant is unreachable.
The tenants are also liable for the property for any damage or break of any kind that occurs in the apartment, by a third party, ie other person, the tenant is liable for this damage by visitors of any kind.
These may only be held in the rented property, if this has been explicitly negotiated with the landlord before the beginning of the lease, and he has agreed.
Then the animal to be brought is included in the rental contract.
Animal husbandry is limited to the pets that have been agreed.
It is legally up to the landlord, whether this generally takes more deposit when leasing to pet owners. This he can demand, insofar as the landlord rents furnished. Respectively. with a garden where animals can dig, or do their business.
In case the furniture is damaged, door frames, and also the garden area ect ... the landlord can charge the tenant these renovation costs.
Upon return of the property is to be paid by the tenant, which cleans this animal hair in and on the furniture, or more animal tracks.
Furthermore, as a tenant, you must make sure that the property manager accepts animals.
So it may be that you have to carry within the plant his pet should be prohibited animal husbandry in the area.
This is especially true in cat housing:
If cats are banned within the complex, you can keep a cat with agreement of the landlord, but then only within the rental property.
It is basically an advantage to have a neutered cat.
When selecting suitable rental property with pets, the broker should suggest the tenant appropriate options, where also animal husbandry is allowed within the plant.
Basically, animals are prohibited at the community pool and in the sun area!
Additional costs: should be clarified in advance with the parties, who will pay what.
Water is payable every 2 months : for real estate with a tiled terrace and with shower you are with 1 to 2 people at the time
about 30, - / 35, - Euro every 2 months! = so very cheap
Electricity : every month, depending on consumption without air conditioning and without oven you get mtl. mostly on currently about 40, - / 50, - Euro
but also there you can save with little power consumption
Garbage fees: these are usually taken over by the landlord.
If this is not the case, the fees have to be paid by the renter. The garbage fees in the Canary Islands are currently very low, on average between 35, - and 40, - Euro every 6 months.
Visit: Of course you have the right to visit his rented property, and this can also stay there. From about 2/3 months long visit, the landlord has the right, should the visit then permanently reside there, to take this into the lease.
In this case you should inform the landlord yourself.
Legally required: the lease must be signed in Spanish as the real estate is located in Spain.
A good broker, like us, offers our clients the rental contract translated additionally free / free in German, English or Dutch.
Place of jurisdiction: the place of jurisdiction is in Spain, on site, irrespective of the nationality of the owner and the tenant.
Comunidad (house rules): the house rules are to be kept by the tenant.
This refers to the usage times of the community pool.
The reasonable neighborhood relationship with the neighbors without quarrel.
When keeping animals, make sure that the pets do not bother the neighbors by, for example, barking through the dog, or the cat is visiting the neighborhood.
Dogs should not run unattended through the facility alone. When keeping cats, make sure that the property management allows cats, as they often run outside in the area.
Furthermore, care should be taken in facilities that no feeding grounds are set up for, for example, cats. This attracts vermin like cockroaches and rats and mice.
The gardeners are instructed to dispose of these feeding places in the plants.
Additional costs: The costs of drawing up this document / lease, the translation of this document, taxes and other fees are borne by the tenants.
This means that the broker receives the commission from the tenant.
For the connections for telephone and Internet the tenant has to conclude a contract with the appropriate telephone company.
Attention: in the interior are not always the necessary telephone lines available.
Ask your broker where possible.
In Spain, all lease terms are signed by both parties and the contract becomes final.
Further contract conditions should be recorded in writing.
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