Rental contracts and rental agreements

[Lorie Piears]

I have just had a quick 'squizz' through the comments on rental agreements. Nearly everyone says they are not sure how 'legal' or 'binding' a Terms and Conditions is, or what actual use they are if something goes wrong. So it appears that most of us renters depend on the honesty and good nature of our customers.

I dont have a T & C, and try to aim to treat each individual booking as unique. I assume trust, so I guess you could say I am naive, but it works for me.

[centime]

Hi from sunny Lisbon: Works for me too Lorie, or maybe we are too behind the times in Portugal, trust has been good for me up till now. My Portuguese Husband is solicitador, and we were discussing this subject this morning before I saw your post, if the Portuguese rental owners would like to send me a copy of their agreement and terms by PM private message, I will have him peruse it and comment and from this base maybe we could concoct something that would be applicable within the Euro zone. I have been thinking about doing a contact for myself so lets see what he says.

[debk]

Our agreement is here:
http://www.VisitingPortugal.com/rental-agreement.htm

These are very American terms. About 50% of our guests are from the States and everyone has been very comfortable with them so far.

You can ignore clause#1 as that was based upon incorrect information... but I haven't changed it yet. (Another forum recently suggested that with proof of a guest having arrived at the property, such as the passport copy, it would be quite difficult for them to win a chargeback on their credit card payment. Though I hope to never have a chargeback.)

Would find input from a Portuguese perspective extremely valuable. Thanks!
debk

[paolo]

Thanks for sharing it, debk

[debk]

My pleasure, Paolo. I also liked this clause from your earlier post:

13. The owner shall not be liable to the client:
<snip>
- for any loss or damage or inconvenience suffered by the client if the property is destroyed or substantially damaged before the start of the rental period. In any such event the owner shall immediately refund to the client all sums previously paid.

We just had some renters explode the glass covering on our stovetop (closing it too soon after cooking), spraying big shards of glass across the entire kitchen. Fortunately, no one was in the kitchen at the time.

But what if something more disabling happened (on a back-to-back for instance)? I would like the option to return the monies to the next guests and help them find a nice hotel.

Then again, I can't cover everything that might happen. And I don't want to scare off all my guests...
debk

[Stuart]

Dear All

Although I have been receiving Lay My Hat for a long time, I have never got round to the Forum.

So...here goes.

I have a successful rental of our house in Carcassonne. Not only is it in a superb city but it is also in an ideal location. We are registered with Clévacances and awarded 3 Keys
When I receive an Enquiry, I always send a detailed response giving lots of information about the house and area. I also ask the possible clients to read the Website as that forms part of the arrangement/contract when they book.

All Bookings are subject to the client completing our Booking Form off the Website and the receipt of the deposit , by transfer into our Bank Account. this is confirmed on receipt and details of cancellation charges are again repeated.

The balance of the Rental is due 8 weeks before arrival and receip of the money is confirmed to the client.

This has worked without problem. We quotean "All Inclusive2 rental and no deposit is requested. There has never been a problem and this keeps costs to a minimum.

I will be pleased to advise anyone if they need help on procedures.

Regards.

Stuart

[Paul Carmel]

Hi Stuart,

Your site is very comprehensive. One thing I would like to mention is that you display a lot of bank details. Given the upsurge in online fraud, I would be a bit nervous if I was you, Please remember there are some very clever people out there.

Take a look at this site, it will give you an idea of what they are capable of http://www.419eater.com/forum/index.php

Paolo, I realise this might fit a different section but I thought it was worth pointing out.

[Paul Carmel]

Hi Stuart,

I see you have edited your bank details down a bit, would it not look better if you got rid of them all together and say Full payment details will be advised on Booking?

Just a thought

[Stuart]

Hi pC

Thanks for your messages and suggestions.

Yes, I felt that you were right to point out about bank details and I appreciate that. It is something that we do not think will happen, but it does.

Thanks again

[ls21gce]

I have agreed to rent my Spanish apartment out for 6 months.

I have a feeling that in order to be legal rental contract in Spain, it must be written in Spanish ?

Does anyone have a Spanish short term rental contract with a translation that would apply to these circumstances ?

Regards

[Alan Knighting]

Short term or temporary rental contracts for furnished accommodation, Arrienda de Temporada or Contrato de arrendamiento de finca urbana amueblada, por temporada, apply to lets for up to one year. The standard contract can be in Spanish or in English. Standard state-sponsered agreement forms are available from tobacconists estancos but they are printed in Spanish.

Alan

[ls21gce]

Hi Alan,

..thanks for that information. I have found exactly what you mention here: -

http://www.spainhouses.net/es/informaci ... porada.php

Now the quest is on to find an Engllish Translation of the same !

Anyone fluent in Spanish out there !

The going rate to translate this document from scratch into English is £94 + VAT...

[Alan Knighting]

One thing that I am most definitely not is fluent in Spanish. I ran the Temporada through a translator and it came up with:-

In the city of.................... to.... of................ of 2,00…
REUNITED
From one it leaves: Don/ña............................................................................., of legal age, soltero/a, provisto/a of D.N.I. number..............................., vecino/a of......................................., c/.............................................................................. to whom in ahead we will talk about like the RENTER PART.
Of another part: Don/ña..........................................................................................., of legal age, soltero/a, provisto/a of D.N.I. number..............................., vecino/a of......................................, c/...................................................................................... to whom in ahead we will talk about like the PART RENTER
THEY TAKE PART
In its own name and right and they recognize legal capacity necessary to grant document the present and
And X P Or N And N
First. - Don/Dña............................................................ is owner of the following urban property built in c/..................................................... nº............
One is in the property, and it is rented jointly with her, the furniture and equipment that is reflected in annexed inventory, that signed by the parts accompanies this contract.
Both parts show that the rented property and its furniture and equipment are in perfect state and to its whole satisfaction, like its facilities and services.
Second. - It interests to Don/ña............................................................... the renting of the prementioned property, and recognizing the parts mutually necessary the legal capacity subscribes the present contract of season renting, on the basis of the following ones:
C L To Either S Or L To S
FIRST. - The RENTING And ITS REGIME
The RENTER PART yields in renting pro season the property furnished described in the antecedent first of the PART RENTER
This renting has the consideration for use different from the one of house, since it does not have as fundamental destiny to satisfy the permanent necessity with house of the PART RENTER.
The rented property has the following complementary facilities:
...........................................................................................
The PART RENTER shows that it has his habitual address in........................ c/............................................................... and that it rents this house as second residence and for the season to which reference is made more ahead.
SECOND. - TERM OF THE CONTRACT
The season contract will last of.......................días, finalizing itself in its consequence with date........................ of automatic form and with no need of previous requirement.
If arrived the victory from the term, the PART RENTER, did not leave frees and to disposition of the this last house and the rented furniture, independently from the actions that this can exercise for the launching of the PART RENTER, will come forced this last one and for penal clause, to pay tripled (or what it is agreed), during the time that remains in the possession of the rented property, the rent that will have paid attention to the contract plus the indemnification of damages and damages that correspond.
THIRD. - THE RENT OF THE RENTING
It is stipulated that the PART RENTER will pay to the RENTER PART by the season of renting, the amount of....., that will be paid of the following form:
One pays attention as payment address the Bank or Savings bank.................................................de the city of...................................con Code of Account nº........................................................................................................
The rent will be paid by.............. (weeks, months…) advance within..... the first days of each.............. (week, month…).
FOURTH. - WORKS OF THE BUILDING
The PART RENTER will not be able to make in the rented house no work previously and in writing without she is authorized by the RENTER PART.
As far as conservation works they will be of position and counts of the PART.......................
The conservation works that consist of small repairs will be of position and counts of the PART......................
The PART RENTER is forced to the maintenance and conservation of the rented property coming forced to its replacement in its case, and will also respond of the deteriorations of the furniture and equipment.
VILLA. - DISTRACTION OF THE RENTED PROPERTY
The purchaser will subrogate in the rights and obligations of the RENTER PART.
SIXTH. - RIGHTS OF PREFERRED ACQUISITION
The PART RENTER specifically resigns formal and to the rights of rough estimate and retracto in the assumption of distraction of the rented property.
SEPTIMA. - CESSION Of the CONTRACT And SUBLEASE
It is prohibited of interalive special form and it express the cession or the sublease in his case, total as as much partial, of the property rented, except for written consent of the RENTER PART.
EIGHTH. - DEATH OF THE RENTER PART
It will bring like consequence the immediate extinction of the renting contract.
NOVENA. - INDEMNIFICATION OF THE PART RENTER.
RENTER to the indemnification anticipated in article 34 of the Urban Law of Renting gives up by the PART.
DECIMA. - GENERAL EXPENSES And OF SERVICES And PROVISIONS
The PART RENTER will come forced to pay to the amount of all the services (ordinary and extraordinary expenses common) and provisions, as well as the Taxes, that correspond to the rented house, and to its accessories which they are not susceptible of individualización, as well as in any case will be of its position the amount of the services and consumptions whereupon it counts the rented property and that accountants individualize themselves by means of apparatuses, which they will reverberate in the receipt of the rent, when these accountants even were in the name of the RENTER PART, although in this assumption it will be able this one last one, with the only requirement to notify it in writing seven days ahead, to ask for the loss of the accountants, having in this case the PART RENTER of coming to contract them its name.
DECIMO FIRST. - GUARANTEE
The PART RENTER pays in this act to the RENTER PART the mensualidades of rent, for guarantee, sum that will be deposited by the RENTER PART, before fifteen days from the company/signature of the contract in the ordered being, in its case, of its transaction and deposit.
The liquidation of the balance of the guarantee will be carried out to the extinction of the contract once discounted, if it will come, the amount of the obligations assumed and failed to fulfill by the PART RENTER and thus among others, payment of the rent and its updates, amount that by Law or pact the forced PART comes RENTER to pay, replacement from the building to the previous be in favor of works made by the PART RENTER, replacement of the furniture and equipment in its case, enjoying the RENTER PART a retention right in the meantime on the guarantee.
DECIMO SECOND. - FASTENERS
Without damage of the guarantee in metalist, they guarantee the fulfillment and good aim of all and each one of the obligations contained in this contract, with resignation to the right of excussio and division, and to the arranged thing in Art. 1,851 of the Civil Code and, of shared in common way, the following fasteners:
The responsibility of the fasteners will persist until all the conditions of the present contract are fulfilled and are satisfied all the rents, pending receipts of services and provisions, expenses of repair of the flaws caused in the property, in the furniture and equipment, as well as its judicial and honorary replacement in its case, taxes, expenses, coasts of Lawyers and Solicitors, although its intervention will not be mandatory and the RENTER PART becomes position to its satisfaction of the house, furniture and equipment
In signal of conformity and by duplicate, the parts the present sign document in the place and date before indicated

It's maybe something for you to play with. My going rate is the pleasure of trying to help - nothing more. That's one reason why I am called Fluffy round here.

Alan

[ls21gce]

Hi Alan,

...thanks I had a go at running it thru Babelfish and was struggling to make sense out of it. £90 beginning to look like good value !

Thanks for your help "Fluffy" (not quite sure about the relationship between fluffy and helpful though)

[Alan Knighting]

Hi Alan,

Thanks for your help "Fluffy" (not quite sure about the relationship between fluffy and helpful though)

Nor am I but while I have the nickname I might as well use it.

Alan