2023-07-14 02:24:29
The rental of homes has become quite an attraction for the owners of our country, since the low supply added to the high demand have triggered the price of these apartments. However, despite the fact that leasing a property means obtaining a new source of income, non-payment of rents, which has not stopped growing, is one of the main reasons that put owners back when signing a rental contract. rent. Those who keep their properties on the rental market are protected in this situation by means of the rental deposit and the additional guarantee.
The deposit is a deposit that the tenant is obliged to pay (in cash) to the landlord as a guarantee in case of non-payment of rent or damage. “At the conclusion of the contract, the requirement and provision of a cash deposit in an amount equivalent to one month’s rent in the rental of homes and two in the lease for use other than housing will be mandatory,” establishes article 36.1 of the Law of Urban Leases (LAU). The landlord must deposit the amount, which may not exceed one month’s rent, in the corresponding body.
In addition, the parties may also agree to an additional guarantee to the deposit to guarantee compliance with the tenant’s obligations. However, article 36.5 of the LAU establishes that the value of this additional guarantee may not exceed two monthly rents. Unlike the surety bond, the guarantee does not have to be deposited anywhere, but must be kept by the owner.
“Both the rental deposit, which is mandatory, and the additional guarantee, which is optional, must be included in the lease, although they must be differentiated from each other,” explains the Fotocasa real estate portal.
Does the landlord have to return the guarantee? And the bail?
Both the additional guarantee and the deposit serve as a guarantee in the event of non-payment of rent or damage caused to the home by the tenant. If any of these cases occurs or the tenant leaves the property before six months without prior notice, the landlord may keep all or part of both.
However, if none of these assumptions occur, the owner will be obliged to return both the rental deposit and the additional guarantee. “The Urban Leasing Law does not expressly establish a maximum term to return it but, generally, the time it usually takes is one month,” says the real estate portal.
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