Every year many student move away from their habitual residence to begin their university studies. There are those who have the option of being able to live in the house of a relative who lives in the city where they are going to move, however, many of them have to look for a rental apartment or rent a room in a shared apartment.
From Legalities we remind you of the most important aspects that you must take into account when formalizing the rental contract in each of the cases, and we review what rights you have when renting a room.
Room in a shared apartment: Rental contract for a home between several
A single lease agreement must be formalized between all the tenants and the property, which may be temporary if it is for a single school year or for habitual residence, when the purpose of this is to satisfy the permanent housing need of the tenants.
In this sense, an express solidarity agreement is not necessary when the content of the contract shows that this is the will of the contracting parties. For example, if there is an agreed rental unit, it is not necessary for the contract to contemplate the distribution of the dwelling so that its use is presented as unique and indivisible.
Right to use common areas
If you rent a room with the right to use common areas, a separate lease contract will be formalized from that of the rest of the occupants of the house, whose obligations and rights will bind you solely and exclusively to the landlord.
In either case, it is essential that you bear in mind that the formalization of the lease contract in writing is essential to be able to defend your rights in addition to recognizing your obligations.
What should the rental contract contain?
In the rental contract must appear:
- Identification data of the parties (lessor and lessee).
- Address for notification purposes.
- Address and description of the object of the contract (flat, chalet, room…).
- Supplies and similar expenses that will be passed on to the tenant (ordinary community fee, rubbish fee, etc.).
- Rental price.
- Contract period. If it is temporary in response to the study period or is going to be more permanent, so that a regular home lease can be considered.
Other aspects that can be included in the rental contract
In the event that furniture is included in the rent of the room, it is advisable to include an annex, signed by the parties, that exactly lists the furniture and fixtures, describing them in detail if they have a special value or are new, such as, for example, in the case of household appliances.
It is also common for the owner to include a specific clause that regulates certain rules of coexistence in relation to the use of common rooms with the rest of the occupants, even expressly mentioning the prohibition of access to the home or room by from third parties (relatives, partner, friends) who are not part of the contract. The purpose is to avoid possible conflicts caused by coexistence during the term of the rental, although the validity of this type of limitation is doubtful.
As an additional guarantee, the lessor requires a deposit from the tenant of the room, in addition to the payment of a bond in accordance with current legislation, as well as that the parents or guardians respond as joint guarantors with their assets and present rights and in future, in order to guarantee compliance with the economic obligations of the contract.