Homemade and tenants usually have doubts when signing a rental contract. What clauses include, how to ensure that everything is fulfilled or What to do before a default These are usual questions. However, most of the time both parties skip a procedure that could give legal certainty to the contract: formalize it in public deed before a notary.
This has been clarified by the president of the General Council of Notaries and Dean of the Notarial College of Madrid, Concepción Pilar Barrio del Olmo, in the Congress of Deputies. In his speech he pointed out the convenience that lease contracts are signed in public deed. As he explained, this practice would give more security to both the landlord and the tenant, by providing legal control and ensuring that whoever rents the house is really its owner.
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“We are talking about people’s homes, I don’t care if they are property or rent. The notary’s intervention will guarantee, as in any operation in which we intervene, the capacity of the parties, the identity, the control of legality, which whoever rents really owns and can rent,” said Barrio del Olmo.
Advantages of making a rental contract before a notary
Barrio del Olmo stressed that the notarial control would allow to guarantee the legality at the most important moment of the signing of the contract, which is when the keys are delivered, the rent is paid and the bond is deposited. In this way subsequent reviews would be avoided that, in many cases, end in expensive litigation both economically and emotionally.
Another key points is the role of public writing in the fight against possible abuses in seasonal rentals. As indicated, many contracts disguise themselves under this modality to avoid the Urban Lease Law (LAU).
“The notary could easily control the cause of that contract and, in addition, all in a very simple way, with a very brief contract that we would have hung in our electronic headquarters, what we call the citizen’s portal,” he explained.
Generalize this procedure, according to the president of the General Council of the Notaries, would provide a plus of transparency and information to the rental market, where there is currently no complete and reliable record of the signed contracts.
The cost of making a rental contract before a notary is regulated by the government
Regarding the cost that the rental contracts, Barrio del Olmo, recalled that the notarial tariffs are regulated by the Government, so they do not depend on professional associations.
These tariffs can be consulted in Royal Decree 1426/1989, of November 17, which approves the Notaries Tariff, Posted in El Boe.