On too many occasions, clauses that may seem very legal but that are NOT are included in the rental contracts. The good thing is that, although the firm ones, they CAN NOT demand them because they are NULL. Just in case, here is a list of the most common ...
I deeply dislike that of "made the law, made the trap", however the truth is that the excessive and contradictory legislation of urban leases has led at all times to the search for these alleged legal traps.
We will try to shed the clauses that continue to appear in urban lease contracts, despite its radical nullity.
Previously it must be underlined that by mandate of article 6 of the urban leasing law, the imperative rules of the law on housing rental can not be modified to the detriment of the tenant. This is the basis that allows to consider null and have them by not putting the clauses and conditions that we are going to enumerate next, with the wording that usually appear.
Duration of the rental
Clock on the beach
1.- The tenant is obliged to fulfill the year of duration agreed in the contract, if he does not comply he will lose the deposit.
2.- The tenant must complete at least one year of rent, if he leaves before he must pay the months that are missing.
These clauses violate the ability of the tenant to terminate the contract at six months, and establish a penalty contrary to the law, only that early withdrawal can be penalized, with one month's rent per year remaining unfulfilled, or the part proportional for periods less than a year.
3.- A duration of eleven months is agreed, after which the rent will be terminated without the right to any extension.
In a rental of housing the tenant has the inalienable right to extension until that rent reaches the three years. Establishing a duration of eleven months does not convert a rental of a house into a seasonal rental -different housing in the legal definition-.
4.- The rent is agreed for a year, unless at the end of it the lessor or the lessee decide to extend it.
Only the tenant has the option to terminate the lease or extend it when the agreed-upon year is reached.
Pay of the rent
euros to pay floor for rent 2
5.- It is agreed that the rent payment is made for advanced annuities.
The law prohibits the payment of more than one month in advance, which means that if the tenant pays the first annuity in advance, he can not request a refund, although he may refuse to pay again one year in advance.
buildings in neighboring community
6.- The tenant will be responsible for the payment of the IBI and the expenses of Community of the farm and its spills.
That clause is null in terms of community expenses and the spills, since the annual amount of the same is not recorded and the spills can not be passed on to the tenant.
Damages and repairs
7.- The tenant will be responsible for the repair of all damages suffered by the leased property furniture, appliances and appliances, whatever the class they are.
The tenant is only required, in accordance with the law, to cover the damage caused to the property and its facilities, furniture and equipment, which have been caused by improper use or are small repairs, +/- € 150.
tenant says goodbye to home - leave apartment for rent
8.- The landlord can enter the rented house to check its conservation status.
This clause violates the inviolability of domicile recognized in the Spanish Constitution. To avoid problems it is convenient for the tenant to change the lock cylinder. Different question is the obligation of the tenant to cross the entrance to the technician who must make a necessary repair.
It is worth emphasizing again that, although it is preferable that these clauses do not appear in the contract, if, with the wording we have put or another similar one, they are included due to ignorance, error or bad faith, they are null and void and are understood as not being put, although the tenant has signed them in accordance.