Request advance payments of more than one rent, prohibit tenants from smoking inside the apartment, agree to rent revisions only upwards, but never to the downside or that tenants are obliged to allow the owners to enter the dwellings, they are only some of the illegal or abusive clauses that are detected in the lease contracts where a professional does not intervene.
The Rental Negotiation Agency has detected a great variety of clauses that, with the Urban Leasing Law in hand, could never appear in a lease contract. These are the ones that occur most frequently:
Deal with rent reviews only upwards, but never downward.
Agree stipulations that require tenants to allow the owners to enter the houses.
Paid penalties on contracts far in excess of those allowed by law.
Forcing tenants to update the bonds on an annual basis.
Forcing the tenants to leave the houses in case of sale.
Oblige tenants to pay community spills.
Oblige tenants to waive the legal extensions to which they are entitled by law.
Forcing tenants to sign contracts for less than a year to convert them into seasonal leases.
Agree in the contracts that in case of death of the tenants the owners can immediately recover the leased houses.
Stipulations that prohibit tenants from smoking inside leased homes.
Agree rent reviews before the year.
Request advance payments of more than one month’s rent.
Require tenants who resolve in advance the leases penalties equivalent to the payment of the months of rent pending fulfillment.
Retrieve to the tenants the arrangement of all the repairs that arise in the leased houses.
At present, it is estimated that the rental market is mostly in the hands of private owners, 70%, while the remaining 30% is in the hands of socimis, promoters, banks, funds, small and medium enterprises.
Source: Idealist Writing