Rules for sharing a rental house
Are you looking for a shared rental? Well there are several formulas and all have their legal intricacies. Here we explain it to you so that you have everything clear.
Although the most widespread formula among citizens is the rental of a full house, in which a single tenant faces the payment of rents, in recent years, the lease of shared apartments has grown in a very ambitious manner. Mainly, there are three ways to rent a room and not the entire property. We explain the rules that regulate each type.
Along with what happened with the real estate market for rents, subleases in recent years have been increasing exponentially. Despite this, many still doubt the legality of these.
If you are a tenant, you must know that, in order to sublet a room in the house in which you are residing, you need the express written permission of the landlord and you will not be able to rent the entire apartment.
Also, it is necessary that during the time you rented, you are living in that house. In addition, the cost of the monthly payment may not exceed the total rent and the contract may not last longer than the original rent.
If in your lease, this activity is expressly prohibited, you can not sublease under any circumstances. If you do, the owner will have full right to resolve the rent.
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This rental mechanism, widely used by groups of friends or colleagues, bears many similarities to traditional leases. The way to draft the contract, in which all tenants must appear, is the same as if a whole property were rented to a person.
In this case, it is advisable that the landlords specify in the contract if each one has to face individually or if the payment has to be unique for all the inhabitants.
Regarding the tenants, of course, each one has to pay their proportional part of the obligations (rent, supplies, etc.) and it is advisable that there is a shared bank account where each one enters the money that corresponds to them. .
It does not stop being a habitual rent, but with several tenants. The personal data of all those over 18 who are going to reside in the property must be included in the lease contract. In fact, if one of the tenants leaves the apartment and another replaces his place, the document must be modified with a legal annex. If any of the tenants does not comply with the payment agreement established between them, the rest will be responsible for paying the rent to the owner.
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Unlike the two previous ones, which are regulated by the Law of Urban Leases (LAU), this type of rent is legislated under what is specified in the Civil Code.
When a tenant decides to rent only one space to the owner of the dwelling, he / she must know that the duration agreed upon in the contract can not be extended once it has finished.
In addition, at the time of signing, the document has to specify the exact room, the price and method of payment, the duration, the possible services and if the inhabitant has the right to sublet his space.
Along with all the above, you need to know, that if the property is sold to a third party, the contract can be automatically terminated, without having the right to preferential acquisition, a situation that occurs when a home is rented completely.
From Pluslegal Abogados we always recommend to formalize any type of rent complying with current legislation and always with a written contract. Sometimes there may be questions about how to do it, so our recommendation is to seek professional advice from lawyers specializing in leases.