Rental terms

Rental terms

Rental terms, North West Murcia Properties professional letting agents

The rental and care of our clients properties are  the utmost importance.

We go the extra mile to ensure, as much as is reasonably, that our owner clients interests are protected.

Our terms are robust:-

We contract for a minimum of 12 months.We do not get involved in short term lets..

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.

Rental terms are non-negotiable and agents fees apply.

We comply to Spanish law

Not surprisingly, most mistakes made by landlords are related to their tenants becoming non-paying tenants.

This is particularly concerning and can understandably cause great pressure.

With this in mind landlords can be tempted to take steps to force the tenants from the property.

Althoughit is tempting landlords must not:

1.     Shut off utilities (water & electricity). 

This is a reportable offence and any landlord taking this action could be prosecuted.

Specifically, this action may be classed as either coercion or harassment and possibly both.

If the utilities are in the name of the landlord and he stops paying them he can equally be prosecuted

North West Murcia Properties take immediate action to collect all rent or utilities outstanding.

Also we will not accept anything less than a sum equal to two months’ rent as a deposit.

A deposit of this size is usually sufficient to cover any debts

2.     Change the locks. 

As shown abovethe above this may be regarded as either coercion or harassment or both and you may be prosecuted criminally for this.

3.     Take justice into their own hands. 

Entering the premises to evict non-paying tenants. In Spanish law this is classed as unlawful entry (trespassing) this again is a criminal offence.

The only legal way to evict your tenant is to hire a lawyer and initiate a formal eviction procedure through the Spanish law courts.

North West Murcia Properties have never had cause to evict a tenant as we vet all potential tenants carefully.

4.     Enter the property under the guise of a ‘routine check’. 

Explicitly, you need prior written permission from a tenant to enter the property.

To clarifyand under Spain’s Tenancy Act regardless if they tenants are paying the rent or not you need the tenant’s permission to enter the property.

Eleven-month contracts are short-term and watertight. To emphasise this is a fallacy.

What qualifies a rent as either short or long-term is irrelevant, what matters is whether the let is for permanent residency.

The use must be expressly worded into the Tenancy agreement.

Therefore, for the next 5 years you will be unable to recover possession of the property, should the tenant wish to reside there.

North West Murcia Properties work with their legal advisors to ensure our contracts are compliant with the law.

  1. A verbal Tenancy contract is better than a written one. 

To emphasise it is not advisable to consider and enter into a verbal agreement.

A written contract should expressly set out fairly with reciprocal terms and conditions which also comply with Spanish law.

Without a written contract it is especially difficult to prove what was actually agreed verbally.

To reiterate, it is in the best interests of both tenant and landlord that rental agreements are always put in writing.

Also, tenants have a right to demand a verbal contract is put into writing by their landlord.

2.     Offset the 2 months’ rental security deposit against my unpaid rental. No! 

To confirm, the security deposit serves its own legal purpose and at no time can be used to compensate rental shortfalls.

3.    Leave the property early having given 30 days’ notice.

Yes, you can but you will be held liable to pay the remaining’ rent to the contract end.

4.     Deduct damages from the rent.

 At no time can a tenant decide unilaterally to pay less rent or withhold rent to offset against unforeseen damages or expenses.

It is important to realize retaining rent is not a good idea without having the landlord’s prior agreement in place and in writing.

Furthermore, withholding rent may be a cause for legal eviction as you are breaching the signed Tenancy Agreement.

Rental terms, North West Murcia Properties professional letting agents