2023-12-02 14:10:02
In the era of digitalization and instant messaging, it is increasingly common for negotiations and agreements to be carried out through electronic channels, such as WhatsApp. This trend does not escape the scope of leasing contracts, where both landlords and tenants seek to simplify processes. However, a fundamental question arises: What legal validity does a rental contract agreed by WhatsApp have? We resolve doubts.
What does the law say about WhatsApp rental contracts?
The validity of a rental contract by WhatsApp It is the same as that of any other contract concluded in writing. The Urban Leases Law (LAU) does not establish any specific form for the execution of lease contracts, so the parties can freely agree on the means by which they want to celebrate it.
Rental conditions agreed by WhatsApp, are they valid?
For the rental contracts concluded by WhatsApp to be valid, the following requirements must be met:
That the messages are clear, understandable and that they clearly reflect the will of the parties to enter into a rental contract. It is essential to confirm that the mobile phones used in the communication really belong to the parties involved, to guarantee the authenticity of the conversation. That it is possible to identify the parties that enter into the contractThat it is possible to determine the conditions of the contract, such as the identification of the home, the duration of the contract, the rent, the appropriate clauses, etc. In the event that a conflict occurs between the parties, the messages of WhatsApp may be used as evidence to prove the existence of the contract and the content of its clauses. It is essential to be able to access the complete conversation without alterations, since only having fragments of it could lead to mistakes or disputes. To verify the communication, it is necessary to prove both sending and receiving the message; In this sense, the reading confirmation through the double blue “check” or a response to the message will be appropriate for validation. It is essential to follow the notification deadlines and the regulations established in the LAU
Therefore, a rental contract concluded by WhatsApp It is perfectly valid and can be used in court as evidence of the existence of a lease.
However, it is important to note that even if a lease entered into by WhatsApp is valid, it may be more difficult to prove than a written contract. Therefore, it is recommended that rental contracts always be made in writing, as this will provide greater legal security to the parties.
Can the rental contract be terminated by WhatsApp?
Although the termination of the rental contract through WhatsApp can constitute valid proof, current regulations indicate that the termination of this contractual relationship must be carried out through a reliable notification, such as a burofax.
This type of communication is the one that offers greater legal certainty, since it leaves a record and will serve as evidence in the event that a conflict arises. The ideal is to notify the termination of the lease by burofax, accompanied by a message via WhatsApp, email or a phone call.
The communication of an increase in the rental price can also be made by WhatsApp and will be considered valid. However, to guarantee greater legal certainty, it is advisable to use burofax.
How do you know if a rental contract is legal?
For verify the legality of a rental contract, it is essential to comply with the requirements of the Urban Leasing Law (LAU), such as the identification of the parties, the description of the home, the duration of the contract, the rent, the deposit and other clauses. Furthermore, clauses considered abusive should be avoided, such as those that modify the LAU rules to the detriment of the tenant or those that impose non-legal management expenses.
What happens if I don’t have a rental contract?
If you do not have a rental agreement, you are considered an “at will” tenant. This means that the rental relationship is governed by the provisions of the Urban Leasing Law (LAU). The main disadvantage of not having a rental contract is that you have fewer rights than a tenant with a contract. For example, a tenant with a contract is entitled to a minimum contract length of five years, while an at-will tenant can be evicted with 30 days’ notice.
#WhatsApp #rental #contract #valid #idealistanews