Rental terms, North West Murcia Properties professional letting agents
We take the rental of our clients properties seriously and go the extra mile to ensure, as much as is reasonably, that our owner clients interests are protected.
Our terms are robust:-
We only contract for a minimum of 12 months.
The equivalent of 6 weeks rent are required as a damage deposit and this is non-negotiable
We require proof of ability to pay and proof of payment history. As an example an experian credit report.
We require personal details for all adults who reside at the property. NIE, Passport, an alternative contact address.
Tenants will need a bank account for the transfer of rent.
Many expat landlords are unaware of the different mechanisms in place to secure rental income.
Therefore, landlords often fail to implement the required mechanisms with in their rental agreements and therefore leave them unprotected.
Most mistakes made by landlords are related to their tenants becoming non-paying tenants. This can understandably cause great pressure.
What landlords must not do:
Shutting off utilities (water & electricity).
Landlords often feel the urge of doing this as they are missing out on their rental.
If you happen to do this your tenant can report you to the police.
In doing this it may be classed as either coercion or harassment and even both.
Your tenant can prosecute you criminally on doing this.
If the utilities are in the name of the landlord and he stops paying them on purpose he can equally be prosecuted
North West Murcia Properties take immediate action to collect any rent or utilities outstanding.
We also will not accept anything less than a sum equal to two months’ rent a deposit
A deposit of this size is usually sufficient to cover any debts
Changing the locks.
As with the above this may be regarded as either coercion or harassment or both and you may be prosecuted criminally for this.
Taking justice into their own hands.
Evicting non-paying tenants
In Spanish law this is classed as unlawful entry (trespassing).
The only legal way to evict your tenant is to hire a lawyer and initiate a formal eviction procedure through the Spanish law courts.
New laws have been enacted to help speed-up the eviction procedure. North West Murcia Properties have never had cause to evict a tenant as we vet all potential tenants carefully
Entering the property under the guise of a ‘routine check’.
You need prior written permission from a tenant.
You simply need their permission following Spain’s Tenancy Act regardless if they are paying the rent or not.
Eleven-month contracts are short-term and watertight.
What qualifies a rent as either short or long-term is not the fact that it’s labelled one way or the other.
What matters really is that the tenant and his family are not using the property as their main residence and this must be expressly built and worded into the Tenancy agreement.
Tenants can successfully challenge at court short-term 11-month contracts morphing them into long-term ones (5 years).
Therefore, for the next 5 years you will be unable to recover possession of the property.
This is providing the tenant pays their rent tenant and utility bills.
The new Express Eviction Law has now amended this and allows landlords to introduce clauses that waive the statutory long-term requirement of 5 years.
North West Murcia Properties work with their legal advisors to ensure our contracts protect the landlord
A verbal Tenancy contract is better than a written one.
No. In Spain verbal contracts are equally valid as written ones.
When there are disagreements. It’s very difficult to prove what was actually agreed in a verbal contract
It’s in the best interests of both tenant and landlord that rental agreements are always put in writing.
Tenants have a right to demand having a verbal contract put in writing by their landlord.
I can always offset the 2 months’ rental security deposit against my unpaid rental.
No! the tenant cannot. That two-month’s initial security deposit serves its own legal purpose and at no time can be used to compensate rental shortfalls.
I can always leave the property ahead giving 30 day’s notice.
Yes, you can but you will be held liable to pay for the remaining months you agreed to rent.
You may leave ahead but you will owe the let for the remaining months stipulated in the contract
North West Murcia Properties will pursue a tenant legally if they fail to pay the balance owed.
Legally the tenant owes the outstanding months and if you decide not to pay them you are taking a legal gamble.
Deducting damages from the rent. All tenants feel tempted to fall for this one.