Both the owner and tenant need to start with a rental agreement template when renting or renting out a property, and in it they define all the agreed conditions of the rental agreement.
If you have decided not to use the services of a real estate agency in Barcelona, you often end up searching the internet for an apartment agreement sample.
Today’s blog article by ShBarcelona shows you an example of a landlord lease agreement, and you can download this template and add your own personal details.
|📌 Remember that rental agreements are always subject to the latest LAU regulations. (LAU stands for Ley de Arrendamientos Urbanos, the Spanish Renting and Housing Law)|
What should be included in a rental agreement in 2021?
Don’t forget that any rental contract must, above all, contain at least the following elements:
- Personal details of property owner (landlord) and tenant (lessee)
- Details of the rental property (complete address, surface area, cadastral reference, Land Registry ID number, …)
- Duration of the rental agreement
- Rental price and the amount for the down payment
- Specific clauses that the landlord and lessee agree on before signing the contract
Now that you are aware of the minimum information needed to fill in the rental agreement template, you can start downloading it here. The text is derived from the OCU (the Organización de Consumidores y Usuarios, or the Consumer Organisation).
In order to be able to understand all the different terms in the document, we will now explain the most important ones to you, so you can easily identify them in any of the types of rental agreements.
Related article: 10 Tips for Renting an Apartment in Barcelona
Basic contract terminology to understand the rental agreement
All rental agreements have certain basic terminology in common, and it can be find all throughout the text of the contract. We have collected the information in the table below, so you can review it, and check what the LAU states about clauses before you sign the rental agreement.
|Parties in the agreement||These are the property owner and tenant, or landlord and lessee in other words. Details of both parties should be clearly mentioned in the agreement, and must be stated in the correct places to avoid interpretation problems. It may concern natural persons or a legal entity.|
|Property in agreement||
This refers to the property it concerns, and it should be mentioned with the full addres, surface area, and all of the special characteristics (garage, storage, terrace, etc.).
Don’t forget to add the cadastral reference and Land Registry ID number to the agreement. If the property is furnished, it might be wise to add an inventory list to the rental agreement.
|Rental period or duration of the contract||The period in the rental agreement is normally freely agreed upon between both parties, and according to specific needs. If there is no end mentioned in the contract, the LAU dictates that the rental period is for one year. The latest update of this law, however, indicates that if you rent for less than 5 years (7 years for legal entities) the contract will automatically be extended with a year until a period of 5 (or 7) years is being completed.|
|The right of the landlord to repossess his property||If the landlord is able to foresee a future need for the property for himself or his family, this optional clause may be included in the agreement.|
|The right of the tenant to terminate the agreement||After the first 6 months of the agreement, a tenant is allowed to terminate the rental contract. The landlord then needs to have been notified of the decision at least 30 days in advance. A special agreement may have been added to the contract, which grants compensation of one month’s worth of rent for every year the contract is terminated early.|
If the landlord did not notify the tenant of his intention of not renewing the rental agreement 2 months before the end of the agreement, and the tenant has not notified the landlord 4 months before the end of the agreement, then the agreement will be extended automatically with a year and up to a maximum of three years.
If one wants to terminate the agreement before an annual renewal, then due notice must be given.
The rent is agreed upon freely between both parties. Be sure to specify all the expenses that are included in the rent, and who will be responsible for what exactly. (for example: community fees)
Rent is paid each month, unless both parties have agreed differently. Rent is paid during the first 7 days of the month.
|Rent increases||The rent may not be increased, unless both parties have made other agreements in the contract. Athough this clause is optional, after having agreed, it is always included in the contract and with each and every detail written down.|
|Changes made by the tenant||
The tenant may not carry out any changes inside the property, unless the landlord has specifically given his written consent for it. If a tenant doesn’t comply with this rule, the landlord may decide to end the rental agreement, and demand for the apartment to be returned to him in the original state it was in.
There are specific conditions for adaptations inside an apartment for people with functional disabillities or people over the age of 70 mentioned in the LAU.
|Works carried out by the landlord||The landlord is obliged to carry out works inside the property to keep the apartment habitable, and this may not be the reason to increase the monthly rent. If the tenant, however, causes any damages inside the apartment, he is responsible for this.|
|Security deposit||The security deposit must be paid at the time the rental contract is signed. The security deposit may be increased, but only after the agreement is extended.|
|Additional guarantees or extra security deposits||The amount may be agreed upon in parts, but it may never be higher than two month’s worth of rent. Sometimes a guarantee can also be in the form of a rental insurance.|
|Expiration date and termination of the rental contract||If one of both parties does not comply with the rules and clauses in the contract, this may be reason for the other party to terminate the contract.|
Elements of the contract may vary, depending on what is agreed upon between both parties, and what the LAU states at the time of formalizing the agreement.
If you need more information, you can find contract templates on the website of the Ministry of Housing, Communities and Local Government. In Spain this ministry is called the Ministerio de Transportes, Movilidad y Agenda Urbana.
Download your lease agreement example for 2021
The following rental agreement templates have been designed especially for agreements between private parties or individuals. Don’t forget that, in this case, you must amend all the clauses according to your personal situation and preferences. So change or delete the ones that don’t meet your needs.
|📌 Don’t miss the opportunity to have your lawyer check the contents of the contract, so it meets all the requirements, and the process can be done correctly.|
If it is your desire to simplify the process, you can trust the services provided by ShBarcelona. We manage a comprehensive portfolio of long-term rental properties, so there are no surprises.
If you are looking for a rental property, don’t hesitate to contact one of our real estate managers to help you find an apartment in Barcelona that meets all your wishes and needs.
If you own a property and want to rent it out in Barcelona, we can give you all the advice you need, and take care of all the requested paperwork. This way it will put on the rental market swiftly, efficiently and with guarantees.
Do you find this apartment contract agreement sample useful for your rental plans for this year?