According to data from the study "X-ray of the housing market 2016-2017" carried out by the real estate portal Fotocasa, 20% of the Spanish population lives rented and it is estimated that the trend continues to increase, reaching 30%, as in The rest of Europe.

Facing this reality, it is of vital importance that when the process of renting a property begins, the owner and the tenant define the agreements of use and right of the property. For this, it is advisable to write a lease that contains all the necessary information to protect the parties involved: lessor and lessee.

In accordance with the Urban Lease Law (LAU) - last modified in March 2015 - when signing the rental contract, the obligations and rights of the tenant with respect to the use of the dwelling become effective; While defining rights related to housing conditions and the obligations inherent to the landlord or owner.

Although each case is particular, there are general conditions that must be included in the contract and that are contemplated in the current legal framework. The rights and obligations of landlords and tenants are as follows:

• Price and duration of the contract: The lessor and lessee can agree before the signing the duration of the contract and the price of the monthly rent. The reform of the LAU establishes that the lessee has the right to terminate the contract after the first six months of duration, but must manifest it with a minimum of 30 days in advance.

• Bond: Once the contract is concluded, if there is no damage to the house or debts with the supply companies; The owner must immediately refund the money contributed by the tenant at the beginning of the contract. If the bond is not returned, the lessee can claim interest.

• Sale of leased housing: If the landlord does not indicate in the lease that the tenant waives his right of acquisition arrived on the day he decides to sell the property, he can not do so without notifying the tenant and giving him the possibility to become the buyer . In this case, the tenant has the right of preferential acquisition and once notified, has a period of thirty calendar days to inform the owner if he wants to buy or not.

• Access to rented accommodation: The owner can not enter the house without the prior consent of the tenant. The Spanish Constitution recognizes the inviolability of the domicile in its article 18 and states that: "The domicile is inviolable. No entry or registration may be made in it without the consent of the owner or judicial decision, except in case of flagrante delicto. "

• Works in the dwelling: The lessee will not be able to carry out works of any type in the house, without the prior consent of the lessor. The owner must be responsible for the necessary arrangements caused by the use and passage of time, so that the house is kept in the right conditions to be rented.

• Payment of receipts: Generally, the property owner is responsible for paying the Real Property Tax (IBI), the neighborhood community, the garbage rate, home insurance and maintenance insurance. The tenant, on the other hand, must pay for services that can be measured with individual counters such as water, electricity, gas and telephone.

• Prepayment of income: "In accordance with the provisions of article 17.2 of the LAU, in no case may the lessor require the advance payment of more than one monthly rent".

It should be noted that the above considerations are general in nature and that leases may include clauses that must be reviewed by a lawyer together with the necessary documentation. This in order to avoid the definition of obligations that may be illegal or that are not contemplated in the current Law of Urban Leases (LAU).