Is it necessary that the written lease?













There may be a valid lease contract if not made in writing. The verbal agreement is enough.

From the moment that concurs the consent of both parties on the object and the cause of the contract, exists lease.

However, in the event that any dispute arises to lease, the absence of a written contract can become a problem, by the lack of opportunity to test the agreement. It is therefore recommended that the lease is stated in writing. In fact, Article 37 the Tenancies Act provides that the parties may be compelerse to formalize in writing. If no agreement even on that, begins badly the relationship between landlords and tenants.

Failure to other administrative requirements (such as the security deposit) o fiscales, does not prevent the lease deemed valid and effective.

Besides the importance of drafting a written contract to provide proof of its ends between landlords and tenants, Another point to consider is the against third parties: For the lease can be invoked against a third, It is essential registration in the Land Registry. And in turn, to enroll in the registry, requires that the contract is formalized in deed, namely, through the intervention of a notary. The lease registered in the Land Registry must be respected by others and if you are not enrolled, the third party in good faith and for value who acquires the property will have the registered protection.

The cost of registering a average rental contract can oscillate about a 200 euros (notary's registration). And in return for this "investment" we ensure that the tenant is the real owner of the house and if the house is subjected to a process of foreclosure, SEA sold to a Tercero, we can continue our lease if you change the owner.

For the owner lessor, an advantage is to include in writing a quick procedure for termination of the contract in case of default, that shortens time regarding assessment procedure.

Consult your case by clicking here.

Leave a Reply


Set as default language
 Edit Translation

Subscribe to receive a book PDF

Just for signing up receive via email the link to download the book "How to change lawyers" en format digital.
Sign up here

Sígueme en Twitter

Subscribe me

* This field is required