Do you know how to declare a holiday rental? We’ll answer these and all the usual questions about renting your home and how to do it. Once you have this information, everything will be as clear as day and you can comply with the law.
Rental contracts, step by step
At the end of the day, the process is always the same. These are the steps to follow to enter into a rental agreement if you don’t want to use a professional, whether it’s a holiday rental or a different type of lease:
- Documentary requirements. Gather all the information and laws on the subject. We also recommend you get some model leases to use as a template.
- Analyse the situation. Study the market and the conditions of other properties before you set your own.
- Decide on the duration of the contract.
- Enter the signatories’ names.
- Check the document and make sure it specifies everything you’ve agreed.
- You and the tenant should sign all the pages of two copies of the contract.
- Keep one copy and give the other one to the tenant.
Where to register your rental agreement.
Although it is not mandatory, it is always advisable to register a lease to avoid legal problems and future issues. Where should you register your rental agreement? The ideal place is the Property Register.
As the owner, you can include a clause to recover the property in less than ten days in case of non-payment. The tenant, in the meantime, can be sure that the arrangement is legal. The Registry and Notary fees cost between 100 and 150 euros.
How often is a rental contract renewed
The Urban Lease Law (LAU) establishes a year as the minimum term for general rentals. In the case of holiday rentals, the maximum term is 31 days. Another possible term is the seasonal rental, which varies between 32 days and 11 months.
In the former, renewal is automatic every year, unless either party serves notice. When the agreement has been in force for five or seven years — according to whether the owner is an individual or a company — this automatic renewal does not apply. Therefore, the frequency with which the rental agreement is renewed depends on the circumstances.
Where can I get a rental agreement
You will have no trouble finding templates for these types of lease agreements on the Internet. To the question: “Where can I get at rental agreement?”, the answer is clear: from Google. Type “model housing rental contract” or something similar into the search bar and you’ll be offered around 20,000 results on the Internet.
Of course, you can also go to official websites with trusted experience in the matter, such as real estate agencies, lawyer’s offices and official organisations.
How to draw up a rental agreement
When you are planning to draw up a rental agreement, the first thing you should do is search for the Urban Lease Law (LAU) and use it as a reference. You should also look up any regional and local laws and regulations that might affect the contracts.
You must also gather all the necessary information in the document. These include the person’s ID number (DNI, NIF or similar) and their name, surname or surnames and the parties’ marital status. Likewise, the document must contain the details of the property, but the address will usually suffice. Don’t forget the date and place of signature and the valid date of the agreement.
Then go on to draft all the terms and conditions. Think about the duration, instalments and their frequency, the rent review — according to the consumer price index —, the deposit, the guarantee and who will pay for utilities. Of course, you can include other, more specific clauses. After the agreement, a lawyer or notary should check it is valid. Finally, it is a good idea to sign it in the presence of a notary public.
What do you need for a lease agreement?
When it comes to lease agreements, the LAU is clear. This is the documentation each party must have:
- Owner. Energy efficiency certificate, habitation certificate, deed of ownership and copies of bills.
- Tenant . Identity document, deposit and guarantee.
Where to present your rental agreement.
If you are planning to present a rental agreement, you should know that you are under no obligation to do so. However, it is advisable to go to a notary and sign it in their presence after it has been validated.
This will save you a lot of trouble in case of a dispute. Likewise, it is a good idea to register it in the Property Registry. You are obliged to pay in the deposit you receive: where you must do so differs in each autonomous region. Get more information!
In short, the aspects related to how to declare holiday rentals or other types of accommodation are clearly regulated by law. When you work with specialised, reliable companies that offer high-quality services like Fidalsa Alquiler, you can enjoy total peace of mind. Choose prestigious benchmarks in the sector to avoid any legal woes.
