The Rights and Obligations of the Landlord
The role of the landlord, as the owner of a property rented under a lease agreement, is regulated by strict regulations in Spain and France.
The rights of the landlord
The landlord, by virtue of the obligations he assumes, enjoys certain rights that allow him to guarantee the profitability of his investment and the proper management of his real estate assets.
First of all, the landlord has the right to receive the rent agreed in the lease agreement. This amount can be revised annually in accordance with the rent reference index, provided that such a revision is detailed in the contract. They also have the right to collect the rent on the stipulated date and, in the event of late payment, they can apply penalties or initiate a complaint procedure that could even lead to the termination of the lease.
In addition, the owner has the right to terminate the contract and repossess the property. This may happen, for example, if you need the property for your own use or to sell it. However, such notification must comply with specific legal requirements, including deadlines, forms and reasons required by the regulations.
In the event of a serious breach by the tenant, such as non-payment of rent or significant damages, the landlord can go to court to request the termination of the contract and the eviction of the tenant. This procedure requires legal advice as it is subject to strict rules to protect the tenant’s rights. For example, in France, the winter truce does not allow a tenant to be evicted during the months of intense cold.
The obligations of the landlord
The landlord must comply with a series of legal obligations that guarantee the tenant’s right to enjoy the property in a calm and adequate manner.
Among these obligations is that of providing decent housing, which implies that the property must be safe and healthy, in addition to having sufficient living space. The accommodation must also be free of risks to the tenant’s health or safety and must include essential facilities such as a compliant electrical installation, adequate sanitation and access to drinking water.
The owner is also required to make any necessary repairs to keep the property in good condition. These repairs include both structural repairs (such as the roof or walls) and those resulting from damage not attributable to the tenant.
Another key aspect is to ensure the peaceful enjoyment of the home. The landlord cannot access the property without the tenant’s consent, except for assessed reasons. If work is planned in the property, the landlord must inform the tenant in advance and try to minimize the inconvenience that this may cause.
Failure to comply with these obligations may result in legal sanctions, either at the request of the tenant or with the competent authorities.
The role of the lawyer in relation to the rights and obligations of the owner
A lawyer can advise the landlord on the rights and obligations that apply to your situation. A lawyer can provide advice to help prevent possible future disputes, for example, by drafting or reviewing rental agreements, and legal representation in the event of negotiations or disputes with tenants.
Having the support of a lawyer will allow the owner to make informed decisions and act consciously according to their interests. 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.
