You already have your apartment for rent. You enjoy its neighborhood, size, price … but what about electricity, water and gas? Will you be the new owner or are you simply going to carry out a change of direct debit of the receipts?
Do you have to offer high supplies? Read!
When you rent an apartment you always look at how much you will have to make the payments per month and the guarantees that the landlord asks of you, but with great continuity you forget to negotiate how the supplies will be paid: electricity, water, gas … And there they emerge the problems: when you get to the apartment and you realize that you have to register supplies, when you have to carry out the change of owner … How do you do all of the above? The highlight is to sit down to negotiate landlord and tenant and clarify all the points before signing the contract, in this way later problems will be avoided. Read and take note:
If we go to what the Urban Leasing Law of 1994 says about who should make the payments for the supplies, it is clear that if they do not say anything in the contract, it is the tenant who assumes the costs.
Look at the default in its article 20.3: “The costs for services that the leased property has that are individualized by means of counting devices will in any case be the account of the tenant.” And it makes sense that whoever lives in the apartment pays what he spends, but should he bear the costs of discharge? Should it be the owner? How is the payment of the first and last bills arranged? These points are the ones that should be clarified in the lease:
If we are talking about new work or simply the obsolete tenant canceled the supplies, it will be essential to register them again and this supposes a considerable added cost and time to coordinate with the different technicians the next installation of the facilities with their corresponding newsletters. Therefore, it is necessary to detail in the contract if the supplies are already registered and in performance or if they have to be registered and who assumes this cost.
2.- Renovate the facilities
If we are talking about an obsolete floor or one that was not used in a long time, the facilities may be obsolete, mainly the electrical one, for which the corresponding company will require renovation of the facility, among other things, if the capacity of the facility is to be increased. light. Who should make the payments? suggests that the landlord must keep the habitability of the house: “The landlord is obliged to make, without the right to raise the rent, all the repairs that are essential to keep the house in habitability conditions to be useful for the agreed use , except when the deterioration to be repaired is attributable to the lessee, in accordance with the provisions of articles 1,563 and 1,564 of the Civil Code. The obligation to repair is limited to the devastation of the home for reasons not attributable to the landlord. For this purpose, the provisions of article 28 will be followed. ”
3.- Change ownership.
If it is agreed that the tenant will discharge it, then he will be the one who assumes ownership of the resources, but when he leaves the house, the ownership must be changed, possibly to the landlord until a new tenant arrives. For this same reason and to avoid changes in the ownership of the resources, it is favorable for the owner to assume ownership of them and the tenant to be shown as the payer, that is, that the receipts are charged to the tenant’s bank account. However, several landlords choose that the ownership go to the tenant to avoid inconveniences in cases of non-payment of resources because it is the owner who is ultimately responsible.
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