Renting out a property can be a stable and profitable source of income, but it also involves risks if proper precautions are not taken. One of the most critical aspects of protecting your interests as a landlord is the correct drafting of the contract, for which it is essential to know What are the most important clauses in a rental contract?.
This document not only formalizes the relationship between landlord and tenant, but also establishes the rules of the game, preventing potential conflicts and ensuring that both parties know and respect their rights and obligations.
Below we explain the Key points that a rental agreement should include so that your investment is well protected.
1. Clear identification of the parts
It may seem obvious, but both the landlord and the tenant must be clearly identified in the contractThis includes full names, identification numbers (DNI or NIE) and updated addresses.
2. Detailed description of the property
Precisely specifies the address of the rented property, as well as its main characteristics (number of rooms, surface area, facilities, etc.). If you are going to rent your apartment with furniture and/or appliances, we recommend that you include a inventory.
3. Duration of the contract
Defines the rental duration and specifies the conditions for the renewal or termination of contractIt is also important to include a clause stating how much notice both parties must give if they want to terminate a rental agreement.
4. Rental amount and additional expenses
Clearly establishes the rental fee amount, the form and date of payment, as well as possible updates to the amount. It is also essential to specify who will be responsible for paying the public services (water, electricity, gas) and other associated expenses, such as community fees. Nothing should be taken for granted, it is better to specify everything than to have problems later.
5. Bail amount
Includes the amount of bail which must be handed over at the start of the contract and under what conditions it will be returned at the end of the rental. If you are wondering if it is obligatory to leave a deposit, yes, it is, so you can ask for it without any problems. But be careful with bank guarantees. From May 2023, only a maximum of two months of additional warranty can be requested..
6. Rules of use and maintenance
Establishes the rules for the use of property and who will be responsible for the maintenance and repairsIt is important to specify that the tenant must keep the property in good condition, as well as what type of repairs you as the owner will take care of.
7. Subrogation and assignment
Specifies whether the tenant has the possibility sublease or assign the contract to another person, and under what conditions. In general, to protect your interests, we advise that you prohibit this practice or, at the very least, make it conditional on your prior approval.
8. Termination of contract
Clearly defines the conditions under which it can be terminate the contract before the end of the term agreed. This may include the non-payment, property damage, or any other serious fault on the part of the tenant.
9. Additional clauses
Don't hesitate to include specific clauses that fit your needs as a landlord. For example, you can stipulate that no pets are allowed. pets in the home, or that they are not carried out structural modifications without your permission.
10. Jurisdiction and conflict resolution
Finally, it is important that the contract specifies under what laws will be governed and court will be competent in the event of conflicts arising. This will provide a clear framework for dispute resolution.
Knowing that your rental contract leaves nothing to chance will give you great peace of mind. We help you so that you don't have to worry about whether you have rented your apartment well, and you can focus on enjoying the benefits of your investment. Do you have any questions or need advice? Don't hesitate to contact us. get in touch with us.