Rental contracts and rental agreements

[A-two]

£90 beginning to look like good value !

I'm going to stick my neck out here as I have a different perspective.

You can skimp on some aspects of the vacation rental business without any great loss, but the rental agreement is not one of them. Even if you do end up writing it yourself, have an attorney look it over before using it because the penalties for getting it wrong are not worth the risk involved. All Agreements are a matter of trust, but never forget that they are legally binding contracts that are subject to local laws that you cannot break without quite severe penalties should you receive a complaint. For example, here they are really tough on environmental issues and the penalty for not including a clause relating to lead paint disclosure can be $10,000 on a first offense. This is not a federal US Law, it's a New York State Law. By that logic, just because a lease complies with EU law does not mean it complies with all applicable Spanish laws to which any Lease you have is subject.

The conventions and local laws and regulations in your part of Spain may be completely different from something you find online using Google. This discussion is great for sharing ideas about how to tackle universal problems related to rental agreements, but you cannot rely upon it for specific legal language, because no two properties are identical and we are not all governed by the same laws.

To be sure you have all the bases covered for your particular situation, you need local knowledge. You start by finding out exactly what everyone else in your neighborhood is using. As Alan has suggested, you might be able to buy blank leases in the legal section of the local stationery store for about $10. I have used these kinds of things (not in Spain) for commercial rentals, but have found that typically, they are not sufficiently flexible for residential rentals to be all that useful. This is because the landlord has more control over how residential property can be used compared to commercial property, hence an "off the shelf" lease is not likely to protect you as well as it could do, or in the way that you really want. Only the locals will be able to tell you whether that is true for your part of the world. Nevertheless, it's a good place to start, not least because it will give you an idea of standard clauses that local laws require all leases to include.

If you can get one of those translated properly for GBP 94, that sounds cheap to me, but probably not good value when compared to a local professional who will draft exactly what you want from scratch and let you know which of those clauses you may change. Your lease will last for years, with blanks to fill in for each tenant, meaning this is a one-off cost that can be spread across all your rentals. I'm sure you can then make the odd amendment without getting yourself into too much trouble, and the lawyer is not going to charge you for the odd phone call to run an issue past them.

Going about it any other way is practicising law, which I would not recommend to anyone who is not qualified to do so. Personally, I don't hand over my property to anyone without knowing exactly what risks I am taking, and only a local attorney can guide me through that minefield. If the lawyer is starting from scratch, be prepared to spend GBP 300-500, or you may get it done as a favor by the lawyer who handled your purchase.

I am not an attorney, and this is not legal advice (if it was I would be charging you for it), but I have been writing leases for 18 yrs, under UK/EU law and NY/US law.

Good Luck!

[Alan Knighting]

Joanna,

Absolutely correct! By all means listen to all opinions but take professional advice from a person who is qualified to give it in the area where the advice is needed.

I have a limited knowledge of the law in a number of European countries but I am not qualified to give legal advice in any of them (that includes the UK now that I am retired). All I can do is give a personal opinion and that opinion should never be relied on.

Alan

[Reta]

Hi everyone,
Thought I would share ours

Feel free to borrow it, in return for any comments or tips!

[Normandy Cow]

Thanks for sharing that Reta - very interesting.

Has it been checked by a solicitor? I like the terminology, it certainly sounds official and correct!

[A-two]

Reta,
Thanks for sharing. I think generally it's quite good, but....(there's always a but )......

"The Owner's obligation to the client ensures the holiday booked is supplied as described" I would definitely take legal advice before including this. It's the kind of thing that opens you up to all kinds of problems because it could be misinterpreted. Personally, I am not a tour operator supplying holidays, I'm a landlord renting our private accomodation, so I'm not guaranteeing or obligated to provide any kind of reasonable holiday experience, whatever that means.

Perhaps you are looking for what's called in the US the "Quiet Enjoyment" clause. Although it has nothing to do with quiet enjoyment, it simply confirms that the tenant has the right to occupy the premises without undue disturbance from the landlord or anybody claiming a superior title to the property.

Or perhaps you're trying to reassure folks that you are describing your property accurately. If so, then say so on your website using the simple statement "we try to describe our property as accurately as possible" to show your good intentions. No need to put it in the contract. Also, you can ask departing guests if they feel your website is a fair representation of your property and make adjustments if necessary.

Even though we all want our guests to have the holiday of their dreams, it is not necessary or desireable for us to make it our legal obligation, which the above seems to do.