Renting a flat

The following are aspects you will have to take into account for renting a dwelling.

Down-payment reservations

If you've decided on a dwelling and have reached an agreement with the owner or estate agency, the next step is to make a down payment. It’s a first payment, equivalent to one month’s rent and will be part of the deposit when you sign the lease.

Even so, note that owners reserve the right to choose their tenant according to the latter's references or situation. So it's most likely you will be asked to produce a copy of your employment contract, payslips or proof of income, as well as a copy of your passport or residence card.

Term of the lease

The minimum period for a lease is six months and is binding. Leases are usually signed for a three-year term. This is optional for tenants but mandatory for owners. Leases can be renewed for a further year. Owners are entitled to recover their flat as their permanent residence after the first year of the lease. If you decide to leave the property and terminate your lease, you will have to notify the owner or estate agency in writing with at least two months’ advance notice. You will also have to state the lease's termination date.

Payments under leases

All leases require the following payments:

• Current month’s rent.
• Deposit or guarantee bond. This is an escrow. It is equivalent to a month's rent for an unfurnished flat and to two months’ rent for a furnished flat. This deposit will be returned once the lease has terminated.
• Bank guarantee. This is a possible requirement for renting. It means having to pay a deposit for an amount corresponding to three or six months’ rent in a third-party bank account during the lifetime of the lease. This amount will remain intact. This is a guaranteed formula for owners who will have cash available for dealing with defaulted payments or any legal costs that arise from evicting a tenant who has failed to meet their obligations. The total amount, along with its accrued interest, will be returned to you once your lease has terminated. Bank guarantees in such situations are independent of guarantee deposits or bonds.
• Agency commissions. If you rent through an estate agent, you will have to pay a commission, which is usually equivalent to 10% of the annual rent, plus 21% value-added tax (IVA).

You can make all these payments by bank transfer from your own bank account or in cash or by cheque, but not by credit card.

Rent is usually paid within the first five days of each month. As with electricity, phone, gas and other utility bills, rent is normally paid by direct debit.

It is usually under the lease for an annual increase to be agreed to in the rental price equal to the rise in the consumer price index (IPC, which stands for Índex de preus al consum).

Dwelling’s documents

All dwellings, whether for rent or purchase, must have a certificate of habitability, which guarantees that the dwelling is fit to be lived in. In addition, this document is essential for signing up for or applying for utility services such as electricity, water and gas.

All dwellings must likewise have an energy certificate. This specific document states each dwelling’s level of energy efficiency on a scale ranging from A (highest) to G (lowest). You can take this classification into account when you decide on the dwelling.

Inventory, maintenance and flaws

When you enter the dwelling, make an initial inspection and go over the inventory (if it’s furnished). You have a 48-hour deadline to inform the owner if you have detected any damage and to request any necessary repairs. Take photos and videos as appropriate. Owners are under an obligation to adopt the necessary measures for such repairs to be carried out.

From then on, it is the tenants who are responsible for wear and tear and for repairs, except in the case of damage caused by structural flaws, pipe problems or flooding caused by external factors. Where a flat is furnished, the tenants must look after the furniture and electrical appliances and, when their lease ends, leave the flat in its original layout and in good condition.

In any case, we recommend you maintain good relations with the owner or manager from your estate agency to ensure good communication and a speedy and effective resolution of any problems that may arise.

Finally, bear in mind that there are not many owners who accept pets in their rental flats, especially where these are furnished. And, if they do accept them, they may well ask you for an additional guarantee bond.