Expenses for which the tenant is responsible
Expenses for water, electricity, gas and telephone are paid by the tenant. If the owner or former tenant has had any of the basic services disconnected, the tenant will have to pay to have them turned on again. If they are already on, just the name on the utilities will have to be changed.
If agreed in writing, the residents’ association expenses and property taxes (IBI, trash, etc.) must also be paid by the tenant.
The tenant must also pay the transfer tax and stamp duty (transfer assets onerous).
What is the deposit?
Pursuant to the Law on Urban Rentals, a deposit must be made with Incasòl.
When a rental contract is signed, the tenant must make a cash deposit equal to one-month of rent, which will be returned when the contract ends, except when the tenant has breached any of the contract clauses. The deposit is not updated during the first five years of the contract.
This deposit is an amount equal to:
- One-month of rent if the property is a primary residence
- Two-month’s rent if the property is for another use
The deposit is used to take care of any damages caused to the property or its contents, at the time the contract ends. If there are no damages, the deposit must be returned to the tenant when he or she leaves the property.
Who pays for works?
During the first three years of the contract, the lessor cannot charge anything for works to the tenant.
The lessor is obligated to take care of all repairs needed to upkeep the property in occupancy conditions, except when disrepair is due to the tenant. In this case, the tenant would be obligated to pay for destruction or damages caused due to negligence.
The tenant must agree to improvement works that the owner decides to undertake if these works cannot be postponed until after the contract ends. The tenant likewise has the option of either terminating the contract and leaving the property or accepting decreased rent with indemnity for any disturbances caused.
If the tenant wants to have improvements done, they must have written consent from the owner (who may increase the rent), except for the case of adaptations for needs of the handicapped. These works and small repairs due to daily wear of the property shall be paid for by the tenant.
- Executing unauthorised works is cause for eviction
- If when renting a property, tenants think that works are necessary, it is best to establish this in the rental contract.