The Tenancy Law requires a written lease (article 23) and sets rules that no clause may worsen for the tenant (article 2). Within that framework, a good lease makes clear what the law leaves open.
Lease checklist
- Parties: name, marital status, occupation, nationality, ID and address of each.
- Property: address, registry details, rooms, parking and included furniture.
- Term and start date.
- Rent, currency, payment day and destination account. The landlord issues a receipt for each payment.
- Security deposit: amount, what it covers, return deadline, and that it is not used as the last month's rent.
- Utilities and fees: who pays power, water, internet, property tax and condominium fees.
- Use and occupants: residential only, number of occupants, pets.
- Repairs: minor ones by the tenant; structural and habitability repairs by the owner.
- Inspection visits with prior notice.
- Dated photo inventory signed as an annex.
- Termination: article 51 grounds, and the tenant's notice if leaving early.
Three costly mistakes
- Clauses the law voids: waivers of tenant rights, eviction "without a lawsuit", cutting utilities for late payment. They are invalid and expose the landlord to penalties.
- No inventory: without dated photos, arguing about damage at the end is one word against another.
- Payments without proof: ask for and give receipts, or use bank transfers.
Registering the lease
The law provides for a copy of the lease to go to the tenancy authority. The Departamento Administrativo de Inquilinato (DAI) publishes the requirements for registering it; a registered lease makes any later procedure easier.
CARACOL's model
CARACOL has prepared a model residential lease (in Spanish) aligned with the Tenancy Law. Use it as a base and have a lawyer review it before signing.