The new Housing Law has brought good news for those looking to rent a property and facing the requirement to pay real estate agency fees. As of May 26 (of the year 2023), the date on which the regulation came into force, tenants will no longer have to bear this cost, but rather the owners will take care of 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 home is not mandatory. When a landlord hires the services of an agency to find a tenant, it is he 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 affordable housing, prevent situations of tension in the rental market, and help young people and vulnerable groups access decent housing. Measures are also contemplated for autonomous communities and municipalities to control or reduce rental prices and promote social renting.
Regarding the specific modification addressed in this article, it is stipulated that "the costs of real estate management and the costs of formalizing the contract will be the responsibility of and must be borne by the landlord," that is, the owner.
It is important to highlight that this regulation is applicable at the national level and must be complied with to avoid illegalities. While doubts arise regarding the competencies of the communities, these do not overlap in order to prevent the tenant from having to pay commissions to real estate agencies.
If you find yourself in a situation where you are asked to cover the fees of the real estate agency, we recommend following our foolproof tips to avoid falling into the trap: do not trust malicious agencies; always pay by bank transfer; request a refund if you have already signed the contract; avoid cash payments; among others.
There are some exceptions in which the real estate agency can charge the tenant management fees, such as in temporary rentals or room rentals. In these cases, it is important to be informed about your rights and seek legal advice if needed.
At Ayre Estates, we are committed to defending 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 effectively claim your fees and achieve a fair and transparent rental.
