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I want to rent my house. Where do I start?

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In this post we are going to explain how to rent your house, the basics that you should know.

Firstly, the first decision is whether to be long term or short. That is, if you like to  rent for small periods of time, or to someone who wants to use as a residence.

Law by which the rentals are governed are the Urban leases Act and Code Civil.

You must to know the following:

  1. A house that will be rented for more than four months in the year must have the energetic certificate.

http://www.boe.es/boe/dias/2013/04/13/pdfs/BOE-A-2013-3904.pdf

  1. The bail must be deposited in the agency indicated.

In Andalusia, it is the Agency of housing and rehabilitation of Andalusia (AVRA) http://www.juntadeandalucia.es/avra/export/sites/WebEPSA/fianzas/deposita-la-fianza/index.html

  1. Income must be declared in the statement of income.

4.The tenant must pay the JTPAJD, by acquiring the right of use of the property by the lessee. The payment of this tax has to be done effective in 30 working days subsequent to the signing of the contract of lease and for the duration of the contract (and not every year). Only you pay each year if it is extended from year to year. If not settled the tribute, it be liable subsidiarily and the property owner be required to that payment. The tenant, for its part, will be punished with a sanction. http://www.juntadeandalucia.es/haciendayadministracionpublica/tributos/alquileres.htm

One of the most frequent questions, is the time by which a contract can be made.

When the use that you will give to the housing is not the residence, the time will be the agreement, with a deposit of two months (one of a month if it is for residence) time.

For regular use, if you do not remember any time, it means that it is a minimum of one year. Arriving in the year, if tenants do not we have advised 30 days before, that they leave the house, they will be entitled to another year up to a maximum of 3 years. At age three, we can recover the housing.

The urban leases Act, contemplates that we can retrieve it from the year if we needed it as permanent housing.

http://noticias.juridicas.com/base_datos/Privado/l29-1994.t2.html

The contract will have to qualify all agreements, and make an inventory of everything we have into the floor: furniture, utensils, bedding…

Remember that the bail is as a guarantee in the event of damage to the completion of the contract, or if the tenant does not comply with the time agreed in the contract.

And what about repairs? In this case, we go to the LAU, in its article 20: any repairs that are necessary to keep housing in the conditions of habitability to serve the agreed use, except repair deterioration case is attributable to the tenant pursuant to articles 1.563 and 1,564 of the Civil Code:

  • Article 1563.

The tenant is responsible for the deterioration or loss that has leased thing, unless you try to have been caused without fault.

  • Article 1564.

The tenant is responsible for the deterioration caused by the people of his home.