Civil law

Leases: Key points to be included

The problems between landlords and tenants of a house is something that comes from far away, as always solve conflicts that have existed between the two sides, and often, these conflicts have been produced by making a bad contract between the parties.

lease contract

The law, contract and every day
In many cases, it is said that the law is the source of conflict between the parties, the law protects too one party (usually the tenant) and the landlord left extremely vulnerable, and usually (though efforts legislation to reverse that situation), it is. But it is also true that many conflicts could be resolved more easily if to make the rent of a flat properly marked all parties respect and, above all, if instructed care and attention to understand and meet the entire signature.

In other words, the fault of the law, or rather not law, but who should enforce the law does not act-for saturation or any other cause comply with due speed when, for example, a tenant does not pay their monthly payments and takes months and months to be evicted, causing serious damages that it causes to the property owner, but not the fault of the law when the parties are engaged in day-to-day conflicts that have more to do the interpretation of rights and obligations, that nothing else.

Uncertainties and interpretations
In other words, imponderables that may not anticipate or capture in a contract that the customer refuses to pay or the landlord refuses to fix the home, and that can be regulated by law, but you can not avoid it, but that there are no conflicts by problems of interpretation that it can even though you can not avoid completely as a minimum you can minimize it.

And what can be done to make within the legal framework of a lease contract of urban housing minimized the risks arising from a different interpretation of the concepts contained therein? The recipe is easy: make detailed lease contracts, especially custom. Let’s see.

It has a habit in the world of rental agreements take templates, standard contracts, put the data in each part and signed. Big mistake as is well done, and big mistake which are responsible for all parties: the Professional (if any) that performs the contract for using “pre-cooked” templates to save time in the work of developing the contract and responsible for the landlord and lessee to accept standard contract type template.

So what the above means that the lease of a dwelling can not be embodied by a pre-existing template? No, this doesn’t mean that it can’t be, because the law does not impose any obligation to form in this respect, moreover, even a verbal contract may be technically valid, but that it cannot be does not mean that it should not be. However, even in the aspect of whether you should or should not be, would establish a nuance: the problem is not whether one is used contractual template or not, the problem is that after the template is not personalize the needs of the parties, and the problem is that the parties do not clearly understand all the provisions of the contract.

In other words the above, it should not demonize the template, the standard contract, it can generally most data, conditions and others that the contract has to be valid for any rent actually so, what happens is if any, should be careful to modify, customize, add, remove everything that does not fit exactly to the signatories, and unfortunately that’s not always the case. Just as unfortunately not always properly understand the parties know what they sign, and that leads to further conflict, so it is very important to detail it all, and ensure that the parties understand what detailed.

Aspects are obviously very clear to emphasize income to satisfy, the same periodicity and deadlines for payment of each period, as well as shape and the method of payment that is set for the payment of income. Other very conflictive elements that should very well be detailed on leases are updates (annual income rises) of what is paid for rent if they are bound to carry out, the duration of the contract and who pays the costs of basic services (water, gas, phone, etc.). Of course you must also detailed who will be responsible for payment of the corresponding taxes in the house (garbage taxes, etc.) as well as who will be the responsibility of the expenses of the community.

Of course, the power or not to have pets in the house, the ability to work from home or not and if so the limits of the activity as well as other key elements, such as, among many others – those who have to do with the consequences of breach of any obligation and much more is what care should be taken in drafting any lease housing we want to not give us further conflicts.

As said earlier, the conflict and zero risk does not exist, just as there is no contract in the face of the earth able to expose all point by point, and every single detail that could be given, since the variables are so and so large that it would be impossible to incorporate everything in a contract. However, as was also seen, what we do that is possible is to condense everything into a contract for it to have the best possible robustness of face to minimize risks to a minimum and make appropriate contractual board that link properly to the parties.