Skip to content

News with true faith

Economy

Spanish Lawyer Lists Three Key Rental Contract Clauses

Lawyer Alberto Sánchez names three clauses landlords should add to rental contracts to guard against late payments and neighbour disputes.

Spanish Lawyer Lists Three Key Rental Contract Clauses

Alberto Sánchez, a lawyer specialising in urban rental law, has set out three clauses he says every landlord should include when drawing up a rental contract. Sánchez said these provisions are ones he routinely recommends to his clients because they rarely appear in standard contracts.

Alberto Sanchez
Alberto Sánchez

The lawyer said landlords who rely on generic templates downloaded from the internet are often left unprotected against everyday problems that can arise once a tenancy begins. He said this is why he insists on reinforcing rental agreements from the outset with specific safeguards.

Protecting the full rent amount

The first clause Sánchez recommends is designed to protect the full monthly rent. He said it should expressly forbid the tenant from deducting from the rent whatever amount they see fit, and state that doing so would be treated as a breach of contract that allows the landlord to terminate the agreement.

Alquiler Málaga
Rental housing in Málaga

This provision stops a tenant from applying unilateral reductions to the rent under any pretext without the landlord's authorisation. By classifying such a deduction directly as a contractual breach, the clause gives the landlord a clear legal path to end the contract immediately if it happens.

Responsibility for neighbour disputes

The second point raised by Sánchez concerns disputes within the building where the rented property is located. He advised including a clause that makes the tenant responsible for any problems caused with the neighbours' community, whether they are caused by the tenant, by people living with them, or by visitors.

Under this clause, the tenant formally takes on responsibility for neighbourhood conflicts caused not only by their own conduct but also by third parties staying in or visiting the property. This means the landlord avoids being held directly accountable for anti-social behaviour within the community of owners.

Interest charges for late payment

Sánchez's third recommendation is aimed at discouraging tenants from paying late or falling behind on their monthly rent. He said the clause should directly apply interest to the tenant if they delay payment of the rent, introducing an automatic financial penalty for any delay.

Una persona revisa un contrato de alquiler de una vivienda
Gemini: A person reviews a rental housing contract

Sánchez said that with this surcharge in place, a tenant would think twice before paying late, since doing so would no longer come without a cost. He described the penalty as an effective deterrent against unpunctual payments.

For landlords seeking fuller protection, Sánchez said he has prepared a specific rental contract template containing more than 50 clauses along with instructions for use, which he makes available through his website and the link on his profile.

Related

Leave a comment

Your email address will not be published. Required fields are marked *