What they haven't told you about the verbal rental agreement
Real Estate
What is a verbal rental agreement?
The verbal rental contract is a legally recognized contract according to article 1547 of the Civil Code. This type of contract has certain characteristics, which, not being drawn up by means of a document, may prevent the tenant from taking responsibility, even in the payment of the rent.
What is the correct formula to formalize a rental contract?
If a rental agreement is made, the ideal formula is to draw up a written contract, because if legal discussions cannot arise at the time the tenant wants to leave or in the case of non-payment of instalments. We must bear in mind that in a verbal rental contract, the tenant may refuse to pay for damage caused by the use of the property or pay for the community, water or electricity.
No specific date can be demanded for the payment of monthly instalments, nor a date of termination of the contract. That is why it is best to make a rent with a written contract and legally.
EXAMPLE
A person who rents a dwelling to a relative through an oral agreement between them is a perfectly legal contract. But we find ourselves in many cases, that even between known people there are disagreements, and therefore, a verbal rental contract could not prove the rent to pay, the terms of duration and causes of extinction and a multitude of other clauses that could be drafted and agreed between landlord and tenant. It is recommended to go to a professional and draw up a written contract in order to safeguard all the rights recognised by law.
Contact us, and our lawyers specializing in real estate law will study your specific case.
At Forcam Abogados we have offices in Barcelona, Madrid and Reus.
The verbal rental contract is a legally recognized contract according to article 1547 of the Civil Code. This type of contract has certain characteristics, which, not being drawn up by means of a document, may prevent the tenant from taking responsibility, even in the payment of the rent.
What is the correct formula to formalize a rental contract?
If a rental agreement is made, the ideal formula is to draw up a written contract, because if legal discussions cannot arise at the time the tenant wants to leave or in the case of non-payment of instalments. We must bear in mind that in a verbal rental contract, the tenant may refuse to pay for damage caused by the use of the property or pay for the community, water or electricity.
No specific date can be demanded for the payment of monthly instalments, nor a date of termination of the contract. That is why it is best to make a rent with a written contract and legally.
EXAMPLE
A person who rents a dwelling to a relative through an oral agreement between them is a perfectly legal contract. But we find ourselves in many cases, that even between known people there are disagreements, and therefore, a verbal rental contract could not prove the rent to pay, the terms of duration and causes of extinction and a multitude of other clauses that could be drafted and agreed between landlord and tenant. It is recommended to go to a professional and draw up a written contract in order to safeguard all the rights recognised by law.
Contact us, and our lawyers specializing in real estate law will study your specific case.
At Forcam Abogados we have offices in Barcelona, Madrid and Reus.