The new Housing Law has brought good news for those who are looking to rent a property and are faced with the requirement to pay real estate fees. As of May 26 (of the year 2023), the date on which the regulation came into force, tenants will no longer have to face this cost, but it will be the landlords who will be responsible for it. In this article we explain how to defend your rights as a tenant.
It is important to note that the payment of real estate fees for renting a property is not mandatory. When a landlord hires the services of an agency to find a tenant, it is the landlord who must bear this expense. The new Housing Law expressly prohibits real estate agencies from charging the new tenant for their services.
In addition, the law aims to increase the supply of housing at affordable prices, prevent situations of tension in the rental market and help young people and vulnerable groups to access decent housing. Measures are also contemplated so that the autonomous communities and municipalities can control or reduce the price of rent and promote social renting.
With regard to the specific modification addressed in this article, it is stipulated that "the real estate management expenses and the costs of formalizing the contract shall be the responsibility and shall be borne by the lessor", i.e., the owner.
It is important to note that this regulation is applicable at the national level and must be complied with in order to avoid illegalities. Although doubts arise regarding the competences of the communities, these do not overlap in order to avoid the tenant having to pay commissions to real estate agencies.
In case you find yourself in a situation in which you are asked to cover the real estate agency's fees, we recommend you to follow our infallible advice to avoid falling into the trap: do not trust malicious agencies; always pay by bank transfer; ask for a refund if you have already signed the contract; avoid payments in black; among others.
There are some exceptions in which the real estate agency may charge the tenant management fees, such as for temporary rentals or room rentals. In these cases it is important to be informed about your rights and seek legal advice if you need it.
At Ayre Estates we are committed to defend your rights as a tenant. Our specialized lawyers are ready to help and advise you by providing you with all the necessary information and support throughout the process. Do not hesitate to contact us for more information on how to claim your fees effectively and get a fair and transparent rent.