Rights and Obligations of the Landlord

When you rent a property or are the tenant, it is very important that you know the rights and obligations of the landlord. This will help you maintain a balanced and fair relationship with the tenants, ensuring that all legal aspects are met. Before that, of course, it is essential to be clear about the difference between landlord and tenant. Therefore, if you have doubts regarding these two figures, we recommend consulting our previous post.

Below, we present the main rights of the landlord:

The landlord has the right to receive timely payment of the rent agreed in the lease agreement. This is essential to ensure fair compensation for the use of the property.

You also have the right to request a security deposit when the lease agreement is signed. This deposit is usually equivalent to one or two months’ rent (depending on whether the apartment is rented furnished or unfurnished) and serves as a guarantee that the home will be returned in good condition. In some cases, especially in high-value properties, the deposit may be higher to cover potential serious damage.

If the tenant breaches the terms of the contract, such as not paying the rent or causing serious damage to the property, the landlord has the right to terminate the contract and request eviction from the property. This also includes cases of unauthorized subletting or annoying or dangerous activities within the property.

You can increase the rent according to the conditions agreed in the contract, generally using indicators such as the Consumer Price Index (CPI). This increase must be notified to the tenant one month in advance and must be properly justified.

Finally, the landlord has the right to carry out periodic inspections of the property to ensure that it is maintained in good condition. These inspections must be notified in advance to the tenant, respecting their privacy and avoiding unnecessary inconvenience.

Landlords have several obligations that they must fulfill to ensure the well-being of their tenants and ensure a harmonious and fair relationship. Below are the main obligations that a landlord must take into account:

One of the obligations of the landlord is to keep the property in habitable condition. This includes carrying out the necessary repairs to guarantee the safety and health of the home. Urgent repairs, such as breakdowns in the electrical installation or humidity problems, are also the responsibility of the landlord.

The landlord must also ensure that the property complies with safety and health regulations, ensuring that the home is decent and safe for the tenant.

It is essential to respect the tenant’s privacy. You cannot enter the property without permission, except in emergency situations. Any inspection must be previously agreed with the tenant.

The obligations of the landlord in repairs will be those that are urgent and serious, such as breakdowns in the electrical installation, the boiler, or humidity problems. These repairs are necessary to keep the home in habitable condition. If the works last more than 20 days, the tenant must be discounted the proportional part of the rent.

The landlord is obliged to notify the tenant of the rent update one month before it occurs. This communication must be clear and justify all the expenses that cause the rent increase.

From Espígul, we want to reiterate the importance of knowing and fulfilling both the rights and obligations of landlords. We offer a comprehensive advisory service that helps you manage all these responsibilities, ensuring that your property is maintained in the best condition and that the relationship with your tenants is fluid and satisfactory. With our support, you can manage your properties with confidence and peace of mind. For any questions, or if you need more information, you can contact us without obligation.