All EOS blogs All Spain blogs  Start your own blog Start your own blog 

El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal Tip 81: Day, week rental contracts
Wednesday, May 6, 2009 @ 4:04 PM

 

A very interesting source of financial aid for your home in Spain is the "very-short" rental contracts: on a daily, weekly, bi-weekly or monthly basis for work or tourism reasons.
 
Of course the medium-term contracts (seasonal: several months or a determined medium length period) and the permanent or home rental contract are always possibilities to add.
 
This tourism schemes are actually a strong competition to hotels these days.Internet provides to you the sideboard for the offer of your house or apartment to anyone, anywhere in the world. As an owner,it is very advisable to choose a competitive, fully legal company/website to market it.
 
It is also important to know that if your apartment is classified as Touristic apartment, it is under specific regulations.

Some legal tips for agencies, owners and users:
 
For owners: 
 
-        Search for an effective and legal company in order to market the apartment.
-         Make clear the price, terms of payment of the agency fee and reserved dates when you want to enjoy the property. A good agency contract is needed in that case.
-         Submit rent disputes with both the agency and the user of the house to arbitration rather than Courts.
-         Hire a good liability insurance.
-        Make sure the apartment meets the current regulations for vacation homes/tourist apartments and register it (in the case IT IS NOT a tourist apartment) in the department of Tourism of the corresponding region.
 
For users:
 
- Ask and keep both reservation and contract documents for any claim.
- Check that the intermediate company is registered and have a CIF number.
- Ask for  Civil liability Insurance coverage of the apartment.
- You can be asked for a bond of 150 and 250 euros to be returned once you leave the apartment.
- You are liable for any damage you caused to the apartment.
- Ask for the keys to be handed in the apartment at a specific time on the day of your arrival so both agent and you can perform the inspection of the apartment together (cleaning, list of objects, lighting, gas…)


For agency:
 
- Make sure your company complies with legal requirements and registration and with the Consumers Law regarding this type of services.
 
 
Sancti Petri Beach ( Chiclana) Cadiz by  Sidi Guariach at Flickr.com
 


Like 0




13 Comments


abbbb1 said:
Wednesday, May 6, 2009 @ 5:09 PM

I have let my property on a long term basis - the same tenants have been in for over a year (three successive contracts!!) through an agent. As it is a house with a garden, should the tenants be liable to maintain the garden? I am still paying someone twice a year to keep the palm tree under control, The agent says that the garden is looking unkempt now. In England we would get a gardener in and withhold some deposit at the end of the tenancy to cover this - is it the same in Spain?


Maria said:
Thursday, May 7, 2009 @ 8:33 AM

Commun maintenance of the garden ( watering) needs to be done by the tenant on a daily basis. If he has not done, yes, you can use part of the security deposit to get it back to a good condition.


abbbb1 said:
Thursday, May 7, 2009 @ 1:29 PM

Many thanks for that Maria


Marius said:
Tuesday, May 12, 2009 @ 12:16 PM

Hi Maria,
How can verify if the apartment I've rented meets the current regulations for vacation homes/tourist apartments?
Thanks


Marius said:
Tuesday, May 12, 2009 @ 12:17 PM

Hi Maria,
How can verify if the apartment I've rented meets the current regulations for vacation homes/tourist apartments?
Thanks


Maria said:
Tuesday, May 12, 2009 @ 1:36 PM

First Question: Where is the apartment located? As regulations vary from region to region


Marius said:
Tuesday, May 12, 2009 @ 4:51 PM

Near Marbella


Maria said:
Tuesday, May 12, 2009 @ 5:13 PM

No special legal requirements by now. Just general conditions which make then habitable and enjoyable.

If there are serious lacks, you can communicate them to the Consumers office near yours.


Marius said:
Thursday, May 14, 2009 @ 10:02 AM

Thank you so much Maria! I am quite suspicious towards our landlord because he wants only CASH rental payments and refuses bank transfers. So I have a last question. Can an owner have domicile at the apartment he's renting (11 months contract) while occupied by non-residents? (I saw it accidentally on an IBI receipt).
All the best


Maria said:
Thursday, May 14, 2009 @ 10:10 AM

He should not have his domicile in the same address of one of his tenants.
Best,
Maria


Hevs said:
Thursday, May 14, 2009 @ 1:02 PM

What are the laws or renting out in spain and should an agent do all this for you?

We are looking to promote our townhouse on Roda Golf and would be greatful of any good marketing techniques and good agents


Maria said:
Thursday, May 14, 2009 @ 1:29 PM

EyeonSpain is the best marketing tool. There is a book on marketing for rentals, some good agents also here.

Regarding the legals: we will be very pleased to advise you and send to you our rental draft: this is one of our services.

Best regards,

Maria L. de Castro


Mariana said:
Tuesday, May 19, 2009 @ 12:47 PM

Hello Maria!

I would like to know more about tourist rental restrictions in Mallorca. We have apartment there, it has tourist licence. However the licence belongs to a Company (apparently private person is very unlikely to own tourist license in Mallorca).
I also read that the Tourist Office in Mallorca is cracking down on owners renting via internet and giving large fines to them.

I don't understand why one can rent to tourist in Spain main land
and not rent on island, as they are under one goverment.
Also I was told that this restriction is very old, would anyone know, if they are likely to make it more Owner Friendly, so we can all enjoy the same rules as main land owners?

Thank You Very Much.

Mariana


Only registered users can comment on this blog post. Please Sign In or Register now.




 

This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x