The leasing contract It is an agreement between two people through which one of the people involved, the landlord, acquires the commitment to grant the right to enjoy and use an asset for a specific period of time.
On the other hand, the other person involved, the lessee, acquires the commitment to make the agreed payments as consideration for the right to use the property. These disbursements could be not only monetary but in kind, but the usual thing is that they are monetary payments such as a monthly rent.
That is, the lease occurs when the owner of an asset allows another person to enjoy and use it temporarily, receiving in return the payment of a rent, which is also known as rent. The lease is legally formalized in a contract.
The owner who confers the enjoyment of the property is called the lessor and the one who acquires that enjoyment in exchange for the cancellation of the rental is called the tenant.
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Through the lease, an owner grants the possession of his property, limiting his right of possession. Although he will continue to be the owner of the rented property, the lessee will be the one who uses it.
Therefore, this operation is legally considered among the real rights, which incur on a thing and not on an individual. The existence of a contract is sufficient to formalize a lease.
Two parties always intervene, the one that transfers the property and the one that takes it. However, this does not preclude more than two people from participating in the contract. For example, it could be that the property is owned by a married couple, for which the two spouses would intervene as landlords.
It is based on both parties agreeing to the contract, without requiring further formalities. However, it should be considered that it will be mandatory for both parties to respect the leasing law.
This is because the one who enters to enjoy the thing or to occupy the property must pay a rent for it..
The enjoyment and use is transferred for a specified period of time. Although there are life usufructs, their exercise is different from the lease.
For example, it could be transferable if it supports subleasing. It could also be linked to other operations, such as a purchase option or rental insurance.
It can be bank or personal. Whoever guarantees is responsible for the defaults and defaults of the lessee. For this reason, in case of damage to the property, the owner could sue it..
It allows the owner to request a certain amount of monthly rent at the beginning of the contract. At the end of the same, the deposit must be returned, unless damage is observed in the property, in which case the deposit may be applied to pay the same..
It consists of immobilizing a certain amount of capital in favor of the lessor. Thus, you can take that money in case of defaults or default.
It is an insurance that adopts elements of the other guarantees. The lessee will pay this insurance policy to transfer responsibility to the insurer for damages, defaults or non-payments.
The affected party may demand compensation for damages if the lease contract is not fulfilled, also demanding the termination of the contract..
Also, if the lease is for real property, the landlord may require that the tenant be evicted. This process is a procedure regulated in the Civil Procedure Law, for which its precepts must be followed to request it..
This contract model may have variants depending on the characteristics it provides, and may also incorporate current laws to authorize the purchase of the home..
- Place and date: It must be defined where and when the contract is reviewed and signed.
- Personal data: Put the main information of the landlord and the tenant. If applicable, also from the guarantor.
- Property information: Characteristics, value and address of the home.
- Duration: The start and end date of the contract, set freely between the parties, must be recorded..
- Rent value and review: As agreed, both the rent to be paid and the variation that its price will have periodically must be defined.
- Value of the deposit: The amount required as a deposit must be stated, which will be returned at the end of the agreement.
- Signatures: The signature of the tenant, the lessor and the guarantor is imperative to close the agreement.
The lessor must declare that he is the owner of the property and that he is legally empowered to carry out this operation under the conditions and terms established in the contract..
In addition, the lessee must declare their ability to commit to comply with the conditions and terms of the contract, as well as sufficient resources to comply with the duties derived from it, acquired from lawful activities..
Finally, the guarantor must declare that he has the capacity to act as guarantor of the tenant.
The contract has a set of clauses on the rent, the object, the validity, the guarantee deposit, the services, the use of the property, the transfer of rights, the termination and cancellation of the agreement:
- Deadlines to pay the rent each month. For example, in the first seven days.
- Rent to pay in advance to rent the home.
- Conditions and amount of the deposit to be delivered at the time of signing the agreement.
- Possible causes for canceling the contract.
- Specifications of the state of the home.
- Declare the responsibility of the tenant for the payment of services.
- Possibility or not of subleasing the home.
- Obligations and responsibility of the guarantor.
- What happens if the contract is terminated prematurely.
For this contract model, the information indicated for the housing lease can be taken in general. In addition, it must be well defined for what kind of activities the space is suitable, in addition to specifying each of the possibilities, considering the regulations of the city where it is located..
It should also be defined who will be responsible for the insurance, and whether or not it is allowed to carry out reforms in the premises.
This type of lease is private, and can be carried out with the assistance of witnesses and if it is considered appropriate it can be done before a notary public to sign up in the public registry of commerce and property..
It can be concluded between natural persons, between natural persons and legal persons or between legal persons, always through the corresponding representatives..
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