2023-11-05 07:00:03
Almost all properties are subject to the payment of the Real Estate Tax (IBI). But who has to pay it in a lease, the owner or the tenant? In this article we explain Who owns the IBI in a rental contract?.
Who pays the IBI on a rental in 2023?
When renting a property, it is generally the owner who assumes the taxes associated with the property, such as the Real Estate Tax (IBI). However, it is essential to remember that all expenses related to a rented home can be agreed and shared between the tenant and the landlord at the time of establishing the rental contract.
According to him article 20 of the Urban Leases Law (LAU)“the parties may agree that the general expenses for the adequate maintenance of the property, its services, taxes, charges and responsibilities that are not susceptible to individualization and that correspond to the rented home or its accessories, are borne by the lessee.”
Therefore, although The usual thing is that the lessor assumes the payment of the IBI, It may not do so if it is agreed upon with the tenant in the rental contract. The key to knowing who has to pay for something in a lease is to go see what was signed in the contract.
What do the owner and the tenant pay in a rental?
As mentioned above, the distribution of expenses depends mostly on what both parties agree to in the rental contract. However, there are a series of common rules regarding the distribution of payment for the different expenses in a lease.
General distribution of expenses
The landlord You must bear the following expenses, unless specified in the rental agreement:
Real Estate Tax (IBI) Neighborhood association expenses Garbage rate Home insurance Maintenance insurance (such as boiler insurance)
The tenant You must pay for consumption that can be measured with individual meters: water, electricity, gas, telephone, among others.
Breakdowns or damage to the home
The landlord must deal with major breakdowns such as the washing machine or boiler, unless they are minor damage or it is proven that the tenant is responsible for the damage.
Regarding the tenant:
Damage caused by himself or his visitors, such as breaking a glass. Minor expenses derived from the daily use of the apartment, such as changing light bulbs, repairing the bathroom chain or the strap of a blind.
You may be interested in: Who pays for repairs in a rental apartment?
What happens if the tenant pays the IBI?
And the tenant pays the IBI You can try to get the landlord (owner) to give you some type of discount or bonus, although you don’t have to. It should be remembered that, although it is the tenant who pays the IBI, the person responsible for payment to the Administration is the owner. That is, in case of delays or non-payments, the owner is the one who must respond to the Administration.
What does the tenant pay with the new Law?
With the new Law, the tenant will pay what has been established in the rental contract, for example, the IBI, if it is what both parties have agreed upon. You will also generally have to pay for supplies.
What you will not pay with the new regulations is the real estate commission on the rental. With the new Housing Law, from now on, it is the owner who must be responsible for paying the management costs.
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