Rights and obligations of tenants

Tenants, by signing a lease, acquire a number of rights that guarantee their protection, but they also assume strict obligations that they must respect.

Tenants’ rights: protection and enjoyment of housing

Tenants have the right to enjoy the rented property peacefully. This means that the landlord cannot access the property without the tenant’s prior consent, except in assessed cases. Similarly, the tenant must be protected from inconvenience caused by other residents, neighbours or even the landlord himself. If the property is affected by external factors, such as excessive noise or unsanitary conditions, the tenant can request a contractual review, repairs or even a reduction in the amount of rent.

Another fundamental right is access to decent housing, that complies with health and safety regulations. In the event that the property has serious problems, such as damp or poor facilities, the tenant has the right to demand that the landlord carry out the necessary work to ensure that the property is fit for habitation.

In addition, the tenant has the right to remain in the property until the end of the lease, provided that they meet their obligations. In many cases, if the lease is not explicitly renewed, it can be automatically extended if the tenant wishes to continue and the landlord does not give notice of his or her intention to terminate it within the deadlines set by law.

Obligations of the tenant: maintenance and compliance with the contract

The tenant also has a number of obligations that he must comply with in order to maintain a balanced rental relationship:

1. Timely payment of rent and other expenses: The tenant must pay the rent and associated expenses (such as utilities or specific charges) on the dates agreed to in the contract. Failure to do so may result in penalties or even termination of the lease.
2. Correct and peaceful use of the property: It is the responsibility of the tenant to use the property in a respectful manner, both with regard to the property and the neighbourhood. In addition, the tenant may not sublet or transfer the use of the property without the express written consent of the owner. Unauthorised subletting may be grounds for termination of the contract.
3. Maintenance and conservation of the property: The tenant is responsible for carrying out the ordinary maintenance of the property, which includes tasks such as cleaning, maintenance of equipment and facilities, and minor repairs that arise from daily use. At the end of the contract, the tenant must return the property in the same condition in which he received it, except for normal wear and tear of the property due to the passage of time. Damage caused by negligence or misuse can be deducted from the deposit.
4. Intended Use: The unit must be used exclusively for the purposes set out in the contract. For example, if the contract states residential use, the house cannot be used for commercial activities without the owner’s explicit consent.

The role of the lawyer regarding the rights and obligations of tenants

A lawyer can provide detailed advice on the rights and obligations that affect the tenant in specific situations. In the event of a conflict, a lawyer can represent and defend the interests of the tenant, as well as mediate in conflict resolution or renegotiate the terms of the contract. Having the support of a lawyer allows for better decision-making and protects the tenant against possible abuse or irregularities. BCV Lex, our teams in Bordeaux and Madrid are at your service and operate throughout France and Spain to defend your interests. Don’t hesitate to contact us.