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After years of sharp increases, the price of rent in Spain has become one of the biggest concerns of citizens, who see how a good part of their salaries has to go towards renting the house in which they live. But in addition, high prices are not the only thing they have to face, but in many cases they also They encounter bad practices on the part of the landlordwhich makes them pay even more or accept clauses that are actually illegal.
Therefore, It is important that tenants know their rights and do not accept abuses in the rental contracts they sign. In this sense, it is worth consulting the short video about the well-known lawyer Andrés Millán, who on his channel @lawtips of TikTok listed what it considers to be the five most common illegalities that landlords commit in their rental contracts for this year 2024.
video/7329242602941713696" data-video-id="7329242602941713696" style="max-width: 605px;min-width: 325px">The most common illegalities of landlords when they rent you housing: 1. Require more than 1 month of deposit and 2 months of guarantee. 2. Demand more than one monthly payment in advance. 3. Pass on agency expenses. 4. Prevent you from extending the rental for up to 5 years. You can only do this if he needs the home to live in or for a close relative and can justify it, otherwise you can sue him. 5. Putting in the contract that he can enter the house whenever he wants is void, he can only if you let him.
Current regulations in Spain, such as the Urban Leasing Law (LAU), the Housing Law or the Spanish Constitution itself, mean that all these practices are illegalso we must be careful not to get caught when signing the contracts.
The five most common illegalities
These are the five most common illegalities that landlords commit in their rental contracts in Spain, according to lawyer Andrés Millán:
- Require more than one month of deposit and two months of guarantee.
- Demand more than one monthly payment in advance.
- Pass on agency expenses. The new Housing Law explicitly establishes that the landlord must cover these expenses.
- Prevent you from extending the lease for up to 5 years. You can only do this if he needs the home to live in or for a close relative and can justify it, otherwise you can sue him.
- Put in the contract that you can enter the house whenever you wantit is null, it can only be done if you let it. Otherwise it could be considered a home invasion; that is, a crime.
If you are going to sign a rental contract and you come across any of these clauses, you can remind the owner that they do not comply with current laws of our country, and ask them to modify or delete them before signing your signature. And if you have already signed it and the owner does not want to change it, a judge could declare it void.
