Tenancy problems in pandemic times
There are a number of elements to consider in the landlord-tenant relationship, from the prevention of conflicts to their solution. Faced with these disagreements, there are a series of difficulties in interpreting and executing lease agreements. Therefore, it is necessary to know what rights do I have as a lessor, what rights do I have as a tenant? The most important thing is to have a simple but solid contract that avoids multiple interpretations and uncomfortable moments. Generally there are problems such as: can I deduct from the guarantee the outstanding lease payments, can I evict my tenants immediately, can my landlord demand the full payment of the lease applying the new law of humanitarian support? Among other types of recurring problems. Being the general and most practical recommendations:
- If the lease is for housing, it does not include the value of VAT. If it is for commercial use, VAT must be included.
- Clarify who pays the rates and how they are to be paid. Generally corresponding to: condominium, cleaning, maintenance or security.
- Avoid very complex dispute resolution clauses. Keep in mind that agreeing to arbitration with 3 arbitrators in one center can be quite onerous – believe it or not, it is more common than you might think. The ideal solution is a staggered conflict resolution, amicable settlement, mediation and finally a judicial solution.
- In order to safeguard the amicable relationship between the parties, it is advisable to attach an inventory (better if it is photographic) of how the property is received and how it is delivered.
Another recommendation: in explicit case – in writing – by mutual agreement between the parties, use the guarantee as payment of the lease payments, otherwise the very purpose of a guarantee is contravened. There are obligations such as maintaining due care of the property, paying the lease fee on time, as well as basic services. Non-payment of the latter may result in tedious suspensions, or worse, coercive proceedings. In short, always look for a sufficiently explicit contract, try to comply with it, and if it is impossible, try to maintain a good relationship in order to solve the differences.
Santiago Alban