Property Law In Spain -
A Guide For Landlords & Tenants
The following subjects are covered and the information is provided purely as a guide only and we strongly recommend that you take qualified legal advice before entering into any short or long term tenancy agreement.
Urban Leases Act of 1994
Short Or Long Term Contracts?
Registering A Contract
Inventory & Breakage Deposit - (see below)
Community Fees & Property Tax
Another important document for both landlord and tenant relating to property law in Spain is the inventory. A detailed inventory which should be signed by both parties, can then be used to support any compensation claim for damage made against the breakage deposit (see below).
The more concise the inventory the better and the time taken to compile a comprehensive inventory will prove to be time well spent in the even of a claim. An inventory is also an opportunity for the landlord to set out in writing any conditions of use of the property and it would also be recognised under the property law in Spain as a legal document in a court of law.
Payment of a refundable breakage deposit by short term / holiday tenants is an accepted way of securing against any accidental damage caused to the rental property.
It is usual for the breakage deposit payment to be made in cash which is then held by the landlord or his agent and returned to the tenant at the end of their stay - less of course any pending claims. The deposit can sometimes be made by way of a credit card guarantee whereby the tenant authorises the landlord to charge any payments for damage to a credit card.
The amount of deposit can vary but is usually equal to one months rent for long term rentals or a fixed amount usually €150-300 Euros for short term holiday lets.