EDITORIAL |
Renting a property can be a complicated and costly task. One of the aspects that usually generates doubts and confusions are the real estate fees. Who should pay them? How are the expenses established? These are frequent questions that arise in both long term and seasonal rentals. In this article, we will explore the details of the fees in both cases and offer tips to avoid misunderstandings in the payment of the fees.
The question of who should pay the fees in the rental of a habitual residence is one of the most frequent doubts among tenants. According to the Spanish law (Law 12/2023, of May 24, for the right to housing), these fees must be paid by the owner of the property to the real estate agency, since it is considered that the effective client of the real estate agency is the owner.
Although in leasing contracts for permanent housing (taking into account that permanent housing is where the vast majority of people have their home and exercise the privacy of their personal and family life), in the following types of contracts and types of properties, these fees can be freely agreed by the real estate agency, lessor and lessee, these types of contracts and properties are:
- Leases of dwellings not subject to the urban leasing law.
- Seasonal housing rentals.
- Rentals for a use other than housing, such as an office or a home office.
- Temporary assignments of housing. "These expenses can also be passed on to the tenants in the temporary assignments of the use of the dwellings, through the legal figures of temporary usufruct and surface right", explains the expert.
- Rentals of sumptuary dwellings. These are leases whose surface area exceeds 300 built meters. Also those "whose rent exceeds 5.5 times the minimum interprofessional salary".
- Rentals whose payment by the tenant "obeys to a consideration of successive tract in time, for the offer by the real estate companies of a series of additional services for carrying, during the duration of the rental, its complete administration, benefiting from the services offered", it clarifies.
To avoid misunderstandings in the payment of rental fees, it is advisable to follow a few tips. First of all, it is important that tenants inform themselves in advance about the real estate agency's fees before signing the rental contract. In this way, unpleasant surprises are avoided and the conditions are clearly established. In addition, it is important that additional fees, if any, are established to avoid confusion later on. It is recommended that tenants ask for a detailed breakdown of real estate fees before making any payments.