BASIC ADVICE FOR THE LANDLORD (Owner-Lesser)
You should know that the Valencia Community adopted the decreto (a kind of Law) number 92/2009, which regulates the letting/rental of tourist properties The objective of this Law is firstly to try to ensure the quality of the properties and facilities rented to tourists, to protect them, and secondly to try to reduce the number of tourist properties let out beyond the control of the authorities. If you rent a property to tourist in exchange for rent, as regularly done, with immediate availability and for holiday or leisure purposes during weeks or days the above mentioned decreto could apply as well as the following obligations amongst others:
-.You should inform the pertinent authorities the use of your properties for renting to tourists unless you only rent one tourist property in this case it is voluntarily to do so.
In any case even if you rent just one property you must comply with the conditions stated in the D.92/2009, particularly in Annex 1, which indicates the minimum size of the rooms, appliances to be in the kitchen, the need for an evacuation plan of the property, list of emergency phone numbers, etc.
If you regularly rent or are engaged in dealing with this kind of rental you could be considered as a TOURIST HOUSING MANAGEMENT COMPANY and must be registered as such and comply with the rules.
In general you as landlord should also take the following basic precautions:
1.-Sign a letting contract that better suits your particular circumstances, ask your solicitor for advice.
2.-Draft an inventory of all the contents of the property including details for furniture and electrical appliances, make pictures and add a value for each item.
3.-Check out your tenant’s (lessees) credit, request copies of ID, NIE and passports, payroll slips, assets etc.
4.- 4.-Request the tenants to make a deposit as reservation and ask them to pay the remaining balance at arrival and once they are satisfied with the state of the property.
5.-Make sure you have the adequate insurance contract.
BASIC ADVICE FOR THE TENANT (Lessee)
1.- Request the landlord to provide you with all the information, pictures etc, about the property before reaching any agreement, ask for a detailed inventory for furniture, appliances, etc. and the exact location of the property; if possible check this information before arrival.
2.- The contract should include all the relevant and important points such as: rent amount, length for rental, payment and refund of the deposit, delivery and return of keys, etc.
3.- Make sure the landlord is entitled to rent the property, request copy of ID, telephone number, contact details and a certificate (nota simple) from the Land Registry.
4.- If the Landlord requests you to make a deposit before arrival in order to make the reservation then ask him to provide you with a copy his bank account details where the name is clearly shown. In principle the name in the account should be the same as the landlord’s.
The information provided on this article is not intended to be legal advice, but merely conveys general information related to legal issues.
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