Legal uncertainty in rent: a growing concern for homeowners
In recent years, The rental market in Spain has undergone a profound transformation marked by a growing legal uncertainty in rent. The successive legislative reforms, united to a changing political context, have generated great concern among owners, especially among small and medium landlords who depend on rent as a complement to their income or as an investment for the future.
Nowadays, many owners do not ask themselves how much they can rent their home, but if renting is still a safe option.
The owner's fear: non-payment and indefinite permanence
One of the biggest current fears is the real difficulty in recovering a home in the event of non-payment.. The figure of the vulnerable tenant, essential from a social point of view, has become in some cases a way to justify abuses. There are situations in which certain tenants stop paying for months or even years, knowing that the judicial processes are long and that the possibilities of recovering the home in the short term are minimal.
This reality causes great emotional and economic wear on the owner., who continues to face expenses such as a mortgage, community, IBI or maintenance, without receiving the agreed rent.
The withdrawal of homes from the market
As a direct consequence of the legal uncertainty in renting, many owners choose to withdraw their apartments from the rental market. Some are destined for sale, others to temporary rentals and others, directly, they leave them empty.
This withdrawal of offer benefits no one. Reduce the number of available homes, increases tension in the market and also ends up affecting tenants who do comply with their obligations.
Confusion over rental costs
Another of the major sources of conflict in the current rental is the erroneous interpretation of the Housing Law in relation to the expenses associated with the formalization of the contract.. In recent times, the idea has spread that any expenses derived from rent must be assumed by the owner., and this interpretation is not correct.
There are administrative and fiscal procedures that exclusively benefit the tenant and that, even in the current legal framework, correspond to the tenant. These are procedures linked to your status as tenant and your interest in formalizing, accredit or regularize the contract before third parties or before the administration.
To avoid confusion, Some common examples of expenses that correspond to the tenant are:
Administrative procedures before public organizations necessary to register, communicate or prove the contract when required by the lessee.
Obtaining copies, certificates or additional documentation requested by the tenant for personal procedures such as registration, schooling, immigration or aid applications.
Procedures linked to aid, public subsidies or bonuses, that benefit only the tenant and not the owner.
These expenses are not related to the conservation of the property or the real estate brokerage., but with the use and enjoyment of the home by the tenant. Transferring them automatically to the owner breaks any principle of contractual balance.
Besides, the current context must be taken into account: The owner is limited in the rental price, it is difficult for you to recover possession in the event of non-payment and, besides, It is intended to impose all the costs of formalizing the contract. This imbalance does not contribute to a healthy or sustainable rental market.
If the objective of the administrations is to reduce economic pressure on tenants, The solution should involve direct aid from the State, not by systematically transferring those costs to the owner.
Regarding agency fees, the criterion is clear: who hires the service, pays it. No one is obliged to rent a home managed by a real estate agency; Those who prefer to avoid that cost can always choose to look for a rental between individuals.. Freedom of choice is also part of a balanced market.
Rights yes, but also obligations
A balanced rental market must protect vulnerable people, but also respect the rights of the owners. The problem arises when the scale is clearly perceived as tilted to one side only..
Landlords and tenants have rights, but also clear obligations. Systematic non-compliance with these obligations should not find protection in current regulations..
The key role of the real estate advisor
In this complex scenario, The real estate advisor takes on a fundamental role. Not only as an intermediary, but as a professional who provides legal security, clear information and conflict prevention.
A good advisor explains from the beginning what expenses correspond to each party, analyzes the tenant's solvency, draft clear contracts and accompany the owner throughout the life of the lease.
Conclusion
The current situation of the rental market requires reflection, balance and professionalization. No legal security for the owner, there will not be a stable or accessible rental market.
Renting is still a good option, but only if it is done with information, advice and correct management from day one.
