Sharing a flat is becoming more common with high housing prices, and there are many who they rent rooms without having a contract. This situation, which may seem quick and convenient, is one of the most precarious situations for a tenant. The absence of a signed document leaves the person at a clear disadvantage compared to the owner, with fewer guarantees and much more uncertainty.
This is how the expert rental lawyer, Alberto Sánchez, explained it through a video published on his social networks LegalMente, in which he bluntly warns that “this is one of the worst situations in which a tenant can find themselves.”
“Just because there is no written contract does not mean there is no contract. Verbal contracts are perfectly valid,” he explains. Of course, he adds a key nuance, and that is that “as there is no written contract where the conditions can be reviewed, we must abide by what the law says and the evidence that has been generated during the relationship.”
For this reason, he insists on the importance of being able to demonstrate payments, for which he recommends that they be made through the bank since this allows proving that a rental relationship exists.
Without a contract and without the LAU they can fire you from one month to the next
One of the biggest problems is that this type of rental is not protected by the Urban Leasing Law (LAU). “As it is a room contract, the urban rental law does not apply… but rather the Civil Code applies,” says Sánchez. This leaves the tenant with much less legal protection. Especially with regard to the duration of the rental, one of the most critical points.
As the lawyer explains, “if the rent is stipulated in months, the duration is one month at a time.” And he adds that the consequence is that “since the normal thing in these cases is to pay monthly, probably… they can kick it out from one month to the next.”
Even so, there is a fundamental right that is maintained and that is the inviolability of the home. “As that room is considered your home, no one could enter the room without your permission, because the home is inviolable according to the Spanish Constitution,” he recalls.
However, this right does not prevent instability. Without a written contract, everything depends on what can be demonstrated. For this reason, Sánchez recommends trying to record the conditions. “Try to communicate with the owner and establish a duration, even if it is… by email or even if possible by WhatsApp,” he explains.