These are the 6 most common illegal clauses for rentals!

 

It is common for tenants to get a generic leased model when renting a house in Spain, downloaded from the internet or provided by someone they know. However, it is important for this document to be adapted to each person's needs in order to make sure that it does not contain unfair, null and void terms.

The law firm of Salvador Real Estate Lawyers in Spain reminds us of the invalidity of clauses limiting tenants' right in accordance with the Urban Leasing Act (Ley de Arrendamientos Urbanos or LAU). However, be careful because not all of the provisions that can harm the tenant are invalid – only those which limit the tenant's law-protected rights.  qatar property

In Spanish rental contracts, the most common invalid clauses are:

1. False seasonal borrowing.

Some property owners prefer to sign 11-month rental terms and to avoid the whole year, thereby seasonalizing the contract so that LAU does not apply. You do so so that the tenant has no right to stay for up to three years in the home. DeSalvador recalls that even so, if a rental to be considered seasonal is to be justified, there must be a reason for that which justifies the temporary nature of the rental, such as work, temporary transfer, studies, etc.

2. Refusal to extend the contract legally

Another provision normally included by landlords is that the contract can last only one year without a legal extension of up to three years. This goes against Article 9.1 of the LAU, which stipulates a three-year extension as a legal right for the tenant, but as a duty for the host.

3. Penalty if the tenant is not staying for a full year

In many long-term rental contracts, another unfair and abusive term is to provide that the tenant is compulsory to pay the entire first year and, in the case of non-compliance, the landlord imposes a punishment. This is illegal however, because Article 11 of the LAU states that the tenant is entitled to terminate the lease after the first six months and, if any, is limited to the one laid down by law.

4. Payment in advance of the rent

The LAU does not allow advance payment of rent for more than one month. The law firm of deSalvador emphasizes that the landlord cannot contractually force the tenant to pay rent 2 or 3 months in advance, and cannot evict the tenant for failure to do so.

5. Not fulfilling the obligation to preserve the property

The owner is obliged to carry out the maintenance work required for preserving the property as provided for in Article 21.1 of the LAU. deSalvador notes, however, that the interpretation of the clauses on such work is very sensitive, so that a lawyer is better off drawing up the contract properly.

6. Property access by the landlord

The last most common unfair term in rental arrangements is to say that the property owner can visit the house to check the condition at any time. This clause is, however, invalid because it contradicts the inviolability of the home laid down in Article 18.2 of the Spanish Constitution. This overriding law may prevent the tenant from letting the owner into the house.

What if unfair terms are included in the rental agreement?

You may now wonder, "What should I do if my contract is abusive?" Only a judge can legally determine whether a provision is invalid, so it is advisable to take legal proceedings if the agreement contains provisions that abuse the tenant's rights. It is best to give the drafting of the contract to a lawyer so that the landlord does not face abusive situations. If a clause which is harmful to the lessee is included, it does not invalidate the complete rental agreement but only the rules which the courts may regard as void.