Tenant Rights in a Shared Apartment

Tenant Rights in a Shared Apartment

The entry into force of the new Leasing Law, and the proliferation of shared flats in Barcelona, makes those who live on rent want to know, in detail, their rights as a tenant.

Although all the questions regarding the rights as a tenant of one of our student flats in Barcelona are resolved in the FAQ section of our website, we want to help you clarify those issues that affect students, such as who should face home repairs or if the landlord can enter the apartment, if you decide to share an apartment in Barcelona.

And like everything in life, not everything is a tenant's right, there are also obligations that you must fulfill, however, in this article we will talk about the tenant's rights in a shared flat.

Duration of the contract. The tenant and the tenant freely agree on the duration of the contract, but the tenant can stay in the property for at least five years; up to seven years if the landlord is a legal entity. It is important to know that if you signed your contract before December 19, 2018, the date on which the new Lease Law came into force, the minimum stay is three years.

Extension of the contract. If your rental contract expires, and neither of the two parties has communicated their intention not to renew it, the contract is tacitly extended for another 3 years, one year if you signed the contract before December 19, 2018.

Deposit. The deposit cannot exceed two monthly instalments, with the new Leasing Law. You will be able to recover the entire deposit if there is no damage to the home and there are no debts with the supply companies. If the tenant does not return the deposit, one month after you left the flat, you can claim interest.

Contract costs. If the tenant is a legal entity, you don't have to assume the expenses derived from the formalization of the rental contract and the real estate management, for example when specialized companies or advisors or lawyers are entrusted with the elaboration of the contract.

Home repairs. If there is an agreement with the owner to carry out repairs to the property, it is no longer necessary to wait for the contract to end, as was the case before. The tenant has the right to ask the landlord to repair all those things such as the boiler, heating, etc. so that the dwelling maintains the agreed conditions of habitability, and this should not lead to an increase in the rental price.

End of the contract. You can terminate the contract of the property six months after the signing of the contract, regardless of the time that has been agreed in it, but you must inform the owner at least one month in advance. If this has been signed in the contract, there may be a penalty, but it should not be more than one month per year of breach of contract.

And when asked, can the landlord enter the property? The answer is no. He cannot enter without your consent, and if he does, you can report him.

Don't hesitate to consult the new Tenancy Law to find out all the details about the tenant's rights in a shared flat, as well as their obligations.

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