All the information you provide must be truthful and the owner must be authorized so that he can check it if he considers it necessary.
In the conclusion of an urban housing lease contract, the parties may agree to the inclusion or not of additional services, things or uses, but in no case may the rental price of additional services, things or uses exceed 50 percent of the lease price of the respective property.
Before exposing the duties and rights of the parties, it is important to take into account the following aspects:
To. What should the contract include At least the following points:
- Name and identification of the contracting parties.
- Identification of the property, the object of the contract.
- Identification of the part of the property that is rented, when applicable, as well as the areas and services shared with the other occupants of the property.
- Price and method of payment.
- List of related and additional services, things or uses.
- Term of duration of the contract.
- Appointment of the contracting party in charge of paying the public services of the property that is the object of the contract.
b. Can deposits be requested?
In urban real estate leasing contracts, cash deposits and other types of real guarantees may not be required to guarantee compliance with the obligations assumed by the lease under said contracts.
1. of the tenants
- Provide the landlord with the information and documentation necessary for the completion, support and subsequent signing of the contract.
- All the information you provide must be truthful and the owner must be authorized so that he can check it if he considers it necessary.
- The lessee does not have the power to assign the lease or to sublet unless expressly authorized by the lessor. In case of contravention, the lessor may terminate the contract and demand the delivery of the property or enter into a new contract with the real users.
- Pay the lessor in the leased property or in the agreed place, the rental price. In the event that the lessor refuses to receive the payment in the agreed conditions and place, the tenant may make it by consignment in favour of the lessor in the institutions authorized by the government for that purpose and in accordance with the current legal proceedings.
- Take care of the property and the things received in the lease. In case of damage or deterioration other than those derived from normal use or the action of time that were attributable to the misuse of the property or to your own fault, carry out the necessary repairs or replacements in a timely manner and at your own expense.
- Comply with the standards enshrined in internal regulations and those issued by the government to protect the rights of all residents. In the case of shared housing and pension, the tenant is also obliged to take care of the areas and services of common use and to carry out the necessary repairs or replacements on his own, when they are attributable to his own fault or that of his dependents.
- The other obligations are established for tenants in Chapter III, Title XXXVI, and Book 4 of the Civil Code.
- Public services must work perfectly.
- Likewise, the boundaries, nomenclature and characteristics of the property must be very well specified in the lease.
- That the land use or destination that can be given to the property be explicitly indicated.
- The landlord must give you all the copies of the keys to access the property and the doors of rooms and/or closets.
2. of the lessors
- Write the necessary documents such as the lease contract.
- Set the conditions and terms of payments and the business, in general.
- Deliver a copy of all keys to access the property and closets and/or rooms.
- Deliver to the tenant on the agreed date, or at the time of the conclusion of the contract, the leased property in good service, safety and health and make available the services, things or related uses and the additional agreed.
- Maintain in the property the services, things and related and additional uses in good condition to serve the purpose agreed in the contract.
- Provide the tenant with a copy of the normative part of the internal regulations, in the case of housing in buildings subject to this regime.
In the case of shared housing, the landlord also has the obligation to maintain the areas or services for common use inadequate operating, safety and sanitary conditions and to carry out the necessary repairs and replacements on his own, when they are not attributable. To the tenants, and to guarantee the maintenance of the internal order of the house
- The other obligations established for landlords in Chapter II, Title XXVI, and Book 4 of the Civil Code.
- The tenant must provide true information and allow it to be verified by the seller or the person designated for this purpose.
- The payments and delivery of the papers required by the landlord must be delivered on the agreed date.
- Demand the documents and guarantees that it considers necessary and that comply with the law in order to protect your property and support the full compliance of the negotiation. In the event that the lessee leases or subleases the property without authorization from the lessor, it gives the latter the power to terminate the contract and demand the delivery of the property or enter into a new contract with the real users.