{"id":33789,"date":"2026-06-11T13:13:41","date_gmt":"2026-06-11T13:13:41","guid":{"rendered":"https:\/\/www.cbleon-abogados.com\/?p=33789"},"modified":"2026-06-11T13:13:41","modified_gmt":"2026-06-11T13:13:41","slug":"the-tenant-and-the-clauses-inserted-in-the-lease-that-may-be-detrimental-to-him-or-her","status":"publish","type":"post","link":"https:\/\/cbleon-abogados.com\/en\/clausulas-insertas-en-el-contrato\/","title":{"rendered":"The tenant and the contract clauses that could be detrimental to them"},"content":{"rendered":"

When looking for a place to live these days, many people choose to rent. If you\u2019ve also decided that this is the best option for you, be cautious and make sure you understand all the clauses in the lease agreement to avoid onerous or illegal terms.<\/strong><\/p>\n

Key considerations regarding the clauses included in the lease agreement<\/strong><\/h3>\n

The terms of the lease are a key factor to consider before renting. The entire agreement must be signed in writing, in duplicate, by the tenant and the landlord. Both parties should keep their own copy.<\/p>\n

In addition, the landlord must provide a copy of the property\u2019s energy performance certificate. It is also a good idea to inspect the condition of the property and check for any potential issues, as well as review the inventory of existing furnishings. The most common clauses in lease agreements that could be detrimental to you are as follows:<\/p>\n

If the tenant does not stay for a full year, they will be penalized<\/span><\/strong><\/h3>\n

Many long-term lease agreements also stipulate that the tenant must pay for the entire first year; the landlord will impose fines if the tenant fails to do so. This is an unfair, illegal, and abusive clause.<\/p>\n

However, Article 11 of the LAU<\/a> It provides that the tenant has the right to terminate the lease after the first six months. If a penalty applies, it shall be limited to the amount specified by law.<\/p>\n

Prepaid rental<\/strong><\/h3>\n

Under the LAU, you cannot pay more than one month\u2019s rent in advance. The landlord is not legally authorized to require the tenant to pay two or three months\u2019 rent in advance; nor can the tenant be threatened with eviction if they fail to do so.<\/p>\n

\"The
The tenant and the contract clauses that could be detrimental to them<\/figcaption><\/figure>\n

Fake seasonal leases<\/strong><\/h3>\n

Some landlords choose to negotiate 11-month leases instead of full-year leases, which temporarily exempts the lease from the LAU. They do this to prevent the tenant from having the right to occupy the property for up to three years.<\/p>\n

However, there must be a valid reason for the temporary nature of the lease, such as employment, a temporary transfer, or studies. Additionally, the tenant must have a permanent residence other than the apartment being rented for the lease to be considered temporary.<\/p>\n

The owner and clauses included in the contract<\/strong><\/h3>\n

The landlord's right to visit the property at any time to inspect its condition is the final and most common unfair clause.
\nThis provision is null and void. However, because it violates the inviolability of the home guaranteed by Article 18.2 of the Spanish Constitution, the tenant may refuse to allow the landlord to enter the property under this law.<\/p>\n

Refusal to grant a formal extension of the contract<\/strong><\/h3>\n

Another condition that landlords frequently include stipulates that the lease term is one year. By law, this cannot be extended for an additional one to three years. On the contrary, Article 9.1 of the LAU establishes a three-year extension as a legal right of the tenant and an obligation of the landlord.<\/p>\n

Failure to maintain the property as required<\/h4>\n

Article 21.1 of the LAU requires the landlord to perform the maintenance work necessary to keep the property in good condition. However, it should be noted that, because the interpretation of the clauses related to such work is complex, it is best for a lawyer<\/a> Draft the contract carefully.<\/p>\n

What happens if the lease contains unfair terms?<\/strong><\/h3>\n

If the terms of the lease agreement contain provisions that unfairly infringe on the tenant\u2019s rights, it is advisable to file a lawsuit, because only a judge has the authority to determine whether a provision is illegal.<\/strong><\/p>\n

To avoid being taken advantage of by the landlord, it is best to have a lawyer draft the lease. If the lease contains a clause that is detrimental to the tenant, only those provisions that the courts deem unenforceable will be invalidated. The rest of the lease remains in effect.<\/p>","protected":false},"excerpt":{"rendered":"

A la hora de buscar una vivienda en estos d\u00edas, muchas personas optan por alquilar. Si tambi\u00e9n has determinado que es la mejor opci\u00f3n para ti, s\u00e9 prudente y conoce todas cl\u00e1usulas insertas en el contrato de arrendamiento para evitar t\u00e9rminos onerosos o ilegales. Consideraciones principales en las cl\u00e1usulas insertas en el contrato de arrendamiento […]<\/p>\n","protected":false},"author":1,"featured_media":33790,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[26],"tags":[],"class_list":["post-33789","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-actualidad"],"_links":{"self":[{"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/posts\/33789","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/comments?post=33789"}],"version-history":[{"count":1,"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/posts\/33789\/revisions"}],"predecessor-version":[{"id":36160,"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/posts\/33789\/revisions\/36160"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/media\/33790"}],"wp:attachment":[{"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/media?parent=33789"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/categories?post=33789"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cbleon-abogados.com\/en\/wp-json\/wp\/v2\/tags?post=33789"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}