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Spain – Lease Agreements

In Spain, the typical lease term for renting property is usually 12 months. This is the standard length for both unfurnished and furnished rental properties. However, it is not uncommon for the lease term to be shorter or longer, and this will depend on the agreement between the landlord and the tenant. Some landlords may be willing to offer a lease for a minimum of six months, while others may prefer a longer-term commitment of up to two years.

Difference between Furnished and Unfurnished Rental Properties in Spain

In Spain, there is a clear distinction between furnished and unfurnished rental properties. Furnished properties come equipped with furniture, appliances, and household items, while unfurnished properties are typically just the structure of the building and the land that it stands on.

Furnished properties typically come with a range of items, including a bed, couch, chairs, table, and other furniture necessary for everyday living. In the kitchen, there will usually be a refrigerator, stove, and other appliances necessary for cooking and food preparation.

Unfurnished properties, on the other hand, do not come with any furniture or household items. Tenants are expected to bring their own furniture, appliances, and other household items to the property.

Standard Clauses in a Lease Agreement in Spain

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A lease agreement in Spain is a legally binding contract between the landlord and the tenant. It outlines the terms and conditions of the rental agreement, including the duration of the lease, the rent amount, and the responsibilities of both parties.

The standard clauses in a lease agreement in Spain include:

  • The name, address, and contact information of the landlord and tenant
  • The rental amount and the due date for payment
  • The length of the lease
  • The conditions for renewing the lease
  • The security deposit amount
  • The rules and regulations for the property
  • The maintenance responsibilities of the landlord and tenant
  • The rights and responsibilities of both parties

Additional Clauses in a Lease Agreement in Spain

While there are standard clauses that are included in all lease agreements in Spain, there may also be additional clauses that are included but are not mandatory. These clauses can be added by the landlord or the tenant and may include provisions for pets, smoking, and other specific conditions for the property.

What Expats Should Be Especially Aware of When Signing a Lease Contract in Spain

When signing a lease agreement in Spain, expats should be especially aware of the following:

  • The length of the lease: Make sure you are comfortable with the length of the lease, as it is a legally binding contract.

  • Rent amount and due date: Make sure you understand the rent amount and the due date for payment, as late payments can result in penalties and late fees.

  • Maintenance responsibilities: Be aware of your responsibilities for maintaining the property, including cleaning and upkeep.

  • Security deposit: Make sure you understand the terms and conditions for the security deposit, including when it will be returned and under what circumstances it may be withheld.

Condition Reports in Spain Before Signing a Lease Agreement

In Spain, it is common for a condition report to be completed before a lease agreement is signed. This report is a detailed inspection of the property and documents its current condition. The report is usually signed by both the landlord and the tenant, and it serves as a record of the property’s condition at the start of the lease. This can be useful in the event of disputes over the condition of the property at the end of the lease.

Qualifications and/or Licenses Letting Agents Should Poss

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