Key points from the compulsory deposit in the lease














The security deposit is required for legal reasons and lack of payment is cause for termination of the lease.

Its regulation is established in Article 36 LAU of establishing a bond by the value of leases a month to two months to housing and commercial premises.

There is the possibility that other types of bonds are agreed by agreement between the parties, but in this post we focus on the "mandatory".

The compulsory deposit serves two functions: On the one hand ensures compliance with the obligations of the lessee and other, is a source of funding for the administration.

The bond must be deposit signing the contract, regardless of whether it is established that the farm will address at a later date.

The Directors may require the deposit to the landlord even if the child is received by the lessee.

The bond must be in an amount of money or its equivalent.

Some entities are released from this obligation as the Administration (general, regional or local), public corporations and autonomous agencies and benefit organizations.

The bond should restituirse upon completion of the rental. But the amount the lessee had to use to repair the property is deducted. In this sense, Article 1563 C.Civil establishes a presumption of "rebuttable" tenant liability for damage farm. Also should be noted that it is assumed that the property was delivered in conditions, as provided in Article 1562 the C.Civil.

The landlord has a within one month to restore the security of the delivery of the keys. From that point, begin to develop legal interests.

The main problem is if you can compensate the bond with unpaid rent. We will have to review the judgment of the Provincial Court corresponding, that the criterion is not peaceful.

Landlord and tenant can also agree on any other warranty as guarantee the insurance. What can not be done is to require prepayment of more than one month's rent (art. 17.2 LAU).

The deposit is not updated during the first three years, but when the lease is extended, it may request that the bond is equal to one month or two months' rent (art. 36.2 LAU). And if the parties have not established a system for update bail in the first period exceeding three years, will apply the same system to update income (art. 36.3 LAU).

The deadline to post bail in the administration varies depending on the Autonomous Community in which you are, but such, in Valencia is only 15 days. And the lack of deposit, is considered a serious offense, in addition to a fine, generates charges and default interest.

The general scheme of compulsory bond is the same in all communities but the shape of the tank and its sanctions regime depends on the Autonomy, so if in doubt, read recommend that you consult a attorney who specializes in leasing.

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