Lease more clearly.
Questions about contracts, rents and repairs. direct responses, with links to legislation and public services.
Contracts and start of lease
Does the lease have to be written?
Urban lease must be concluded in writing, in accordance with article 1069 of the Civil Code. The lack of a document does not, by itself, allow us to conclude that there are no rights: there are specific rules of evidence. If this is your situation, seek legal advice.
Where can I find the rules of the housing lease?
The Civil Code contains the urban lease regime. Law n.º 6/2006 approved the new urban lease regime (NRAU). Consult the consolidated legislation and confirm the rules applicable to your contract, including any transitional regimes.
Who communicates the contract to the finances?
The communication of lease contracts, amendments and termination to the tax authority is, as a rule, the lessor or sublessor. Consult the Finance Portal for the procedure, deadlines and particular situations before submitting the declaration.
Rents, security deposits and receipts
How many rents can be requested in advance?
Article 1076 makes it possible to anticipate rents by written agreement, up to a limit of two months. Early income and security have different functions; Identify each amount and which period it corresponds to before paying.
Is there a limit to the security deposit?
Article 1076 provides for the possibility of guaranteeing the obligations of the contract through the legally provided forms, up to the amount corresponding to two rents. Record the purpose, value and conditions of return in the contract. A specific case may require analysis of other clauses and rules.
How do income receipts work?
The Finance Portal explains the issuance of electronic receipts and dismissal situations. Refer to the rule applicable to landlord and amounts received, including advances and security deposits. Keep proof of payment and ask for clarification when you are unable to identify the period to which they respect.
WORKS AND REPAIRS
Who is responsible for the conservation works?
As a rule, the conservation works required by law or by the end of the contract are up to the landlord, unless otherwise stipulated. Article 1074 is the starting point; The nature of the problem and the contract can change the analysis.
Can the tenant do works on the house?
The tenant can carry out works when the contract allows it or when he has written authorization from the landlord. There are legal exceptions, namely for urgent situations. Confirm the requirements before starting work or assuming you will be refunded.
How should I report a repair?
Describe the problem, the date it came up and its effects. Combine relevant photographs and propose a way to access the house. Keep a log of the communication. This practical organization does not replace the legal notification requirements or authorize deducting expenses on income.
Conflicts and legal support
How can I terminate a lease?
The contract may end in different ways, such as agreement, expiry, complaint or resolution. The requirements and deadlines depend on the modality, duration, dates and position of each party. Do not use a generic term without verifying the contract and applicable law.
Can I ask for legal aid?
Legal support is intended for people who comply with legal requirements, namely economic insufficiency. It can cover modalities such as support with a lawyer or charges of the process. The request can be submitted through direct social security or the services indicated by the Justice.
What is the tenant and landlord's counter?
The BAS has national competence for the special eviction procedure and for the injunction in terms of lease. replaced the BNA and SIMA. It is not a general line of advice: consult the official information and obtain legal support to evaluate the appropriate procedure.
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