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Long term rental Spain common ilegal contract clauses

Long term rental Spain common ilegal contract clauses

Clauses that you can refuse in a long term rental Spain agrement 


When we rent a house for a long term in Spain, it is very common that some ilegal clauses appear in the contract and therefore you can demand that be removed or changed by a fair and clauses adjusted to the law. Spanish owners often include these clauses to protect their interests and sometimes they don't even know thatare illegal. 
It is important and  convenient before signing a rental agrement that the tenants know what clauses we are talking about and can also defend their rights against the owner.

1) asking  for several months of deposit and many months rental in advance.

 This is the most unfair clause that is usually included in long term rental agrement.   When renting a house for a long term in Spain, no more than two months of deposit or more than one month's rent in advance can be required.

  So if you find yourself in this very frequent situation in which the owner demands up to 6 months in advance of rent, you must refuse outright, since the law that regulates leases in Spain, also called the law of urban leases or its acronym LAU , It does not allow it 

 

2) disproportionate financial penalty for breach of contract time. 

This clause appears frequently in the contract. Some times the penalty could be thousand euros.

The penalty cannot be higher than that established by law in Spain in these cases of long term rentals.

Long term rental contracts in Spain are usually signed for a year. In case of not fulfilling the time for which the contract was signed, there is a penalty that cannot be greater than one month per year in breach, But despite having signed the contract for one year, the law allows the tenant to withdraw from the contract after 6 months with a small penalty

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