March 8, 2021

Five things that could happen if you do not have a rental agreement

Five things that could happen if you do not have a rental agreement


Pisos.com

Updated:

Living rent is an alternative to access housing increasingly widespread. There is a large group of people who opt for the lease, well in the long term because it is what fits with their lifestyle, well temporary form until getting enough savings and the necessary solvency to make the leap to the property. Having a lease in force avoids unpleasant surprises because it provides legal security, both to the tenant and the landlord. In pisos.com we explain what could happen if you do not sign it:

1. Show the payment. There are still many contracts that are agreed by word. Although verbal contracts are valid, they make it difficult to prove your tenant status if you ever have a problem. The ideal is to pay the rent by transfer indicating in the concept that it is the rent, including month and year. If the landlord prefers cash, demand a receipt. Also keep the invoices of the supplies if they are in your name and you have the payment domiciled.

2. Update the rent. The absence of a contract obviously means the lack of pre-established clauses that establish how the monthly payment will be updated, not only from what year, but also on what index, for example, the CPI. This could be an inconvenience for the owners, but it is even more so for the tenants, who would not know how to claim and defend themselves against a disproportionate increase in the amount they pay month after month.

3. Retrieve the deposit. The lack of this document could also leave in the air the return of the deposit. However, in this case other factors come into play. Since the tenant who leaves the house has not complied with the relevant notice periods until the house has suffered any damage. What should not be done in any case is to use the deposit to cover the payment of the last corresponding monthly payment.

4. Possible reforms. The regulation requires that the rented house has a good state of habitability, an obligation that points to the owner of it. In the absence of response from the landlord when there are urgent reforms, the tenant is unprotected if there is no contract between the parties. The judicial procedure is the only way to force him to do so, provided that the corresponding evidence proving the tenant status is available.

5. Deductions Many owners avoid the contract to avoid having to declare their income before the Treasury. However, nowadays it is even more interesting to do so because the payment of taxes can be compensated with a series of deductions on the expenses related to the maintenance of the home, from the IBI to the home insurance. For the tenants who signed before 2015, the state and autonomous deductions are still operative. For subsequent contracts, only regional ones and not all.

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