Is your landlord asking you to pay the Real Estate Tax (IBI)? Here we tell you if you can do it and how.
You have already agreed on the rental price and its duration, but now the landlord asks you to also pay the Real Estate Tax (IBI), can you do it? Yes, you can do it, although you must do it well so that it is legal to ask for it.
The most usual thing is that it is the landlord who pays the IBI because it is a tax that taxes the property, but the Law of Urban Leases leaves open the door for the landlord and tenant to negotiate the payment of this tax.
Article 20.1 of the LAU explains:
"The parties may agree that the general expenses for the proper maintenance of the property, its services, taxes, charges and responsibilities that are not susceptible to individualization and that correspond to the leased house or its accessories, are the responsibility of the lessee.
In buildings under horizontal property regime such expenses will be those that correspond to the leased farm based on their participation fee.
In buildings that are not in horizontal property regime, such expenses will be those that have been assigned to the leased farm based on its surface.
For its validity, this agreement must be in writing and determine the annual amount of said expenses on the date of the contract. The agreement that refers to taxes will not affect the Administration. "
That is, the landlord can ask the tenant to pay the IBI and that's where the negotiation comes in. If finally, the tenant is going to pay the IBI of the apartment that rents, it must be reflected in the rental contract indicating how much the IBI payment is annually.
If it is not reflected in the rental contract that is the tenant who is going to pay the IBI and how much it costs, then you can NOT ask him to pay it.