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Length of rental agreement negotiable?

Length of rental agreement negotiable?

Old Nov 30th 2010, 7:53 am
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Default Length of rental agreement negotiable?

Hi, I've tried doing searches & not yet come up with the answer so here goes:
We're looking at renting so 8yo is much closer to school and friends etc., fewer 000s of kms, diesel, grey hairs yada yada.
Know area but not specific preference so wonder if trying to get a 6month rental rather than 11 or whatever might be more sensible so we're not tied in too long if we hate it.
Is this do-able? Legal? Likely to cause any problems?
And while I'm asking, has anyone got any suggestions for a 'MUST ASK the landlord before signing' list?
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Old Nov 30th 2010, 8:06 am
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Default Re: Length of rental agreement negotiable?

Originally Posted by fionamw
Hi, I've tried doing searches & not yet come up with the answer so here goes:
We're looking at renting so 8yo is much closer to school and friends etc., fewer 000s of kms, diesel, grey hairs yada yada.
Know area but not specific preference so wonder if trying to get a 6month rental rather than 11 or whatever might be more sensible so we're not tied in too long if we hate it.
Is this do-able? Legal? Likely to cause any problems?
And while I'm asking, has anyone got any suggestions for a 'MUST ASK the landlord before signing' list?
I'm not quite sure why people get so hung up on rental periods - they all have a clause whereby either the landlord or tenant can give notice.

So, even if the contract states 11 months, there MUST be a clause stating that either party can give either one of two months notice of termination.

I agree that it might be better to state your intentions up front but who knows what might happen.

Some obvious questions to ask are;

1) what exactly is included?
2) will the utility bills be in your name or simply taken from your account?
3) who pays the IBI and basura?
4) what insurance is there on the property (contents and/or buildings)?
5) how much finance do I have to pay?
6) what are the terms for getting finance back? What if I leave early?

Hoping this helps.

PS I'm a landlord so I would have no problem if one of my tenants wanted to leave early but would prefer intentions to be mentioned upfront.
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Old Nov 30th 2010, 8:31 am
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Default Re: Length of rental agreement negotiable?

Thanks. It's not so much a question of being hung up on the period, rather not knowing and preferring (as you suggest) to be completely up front given we are doing this specifically to try out the area.

I presume by finance you mean deposit/bond? Is there a legally required level or entirely up to the landlord?
Presumably on the one hand not having the utility bills in your name is just simpler than going through the hassle of changing, but on the other if there's a problem & it's not in your name, the landlord is less bothered about sorting it...?!
I had assumed we'd have to insure our own contents and that the landlord would have insurance on the buildings; again, is there a 'usual' way of doing it or entirely up to the individuals involved? Ditto IBI & basura?
I suppose what I'm asking is if there's a 'usual' way so we can make sure we're not being duped... no reason to assume we are, of course, just like to be prepared!
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Old Nov 30th 2010, 9:11 am
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Default Re: Length of rental agreement negotiable?

Originally Posted by fionamw
Thanks. It's not so much a question of being hung up on the period, rather not knowing and preferring (as you suggest) to be completely up front given we are doing this specifically to try out the area.

I presume by finance you mean deposit/bond? Is there a legally required level or entirely up to the landlord?
Presumably on the one hand not having the utility bills in your name is just simpler than going through the hassle of changing, but on the other if there's a problem & it's not in your name, the landlord is less bothered about sorting it...?!
I had assumed we'd have to insure our own contents and that the landlord would have insurance on the buildings; again, is there a 'usual' way of doing it or entirely up to the individuals involved? Ditto IBI & basura?
I suppose what I'm asking is if there's a 'usual' way so we can make sure we're not being duped... no reason to assume we are, of course, just like to be prepared!
Yes, finance is the Spanish term for our deposit and is held purely against damages although some landlords will hold it against outstanding bills. Normally the deposit is one month but it is actually entirely up to the landlord (others will disagree but this is the case!) - if they ask for too much and won't budge, go elsewhere.

The issue about bills - if they are not in the tenants name then the landlord is liable for any debts. So, if the tenant refuses to pay them, the landlord MUST. The utility companies can't chase you if the contract is not in your name.

IBI and basura are 'normally' not passed on to the tenant but I, and some others, do pass it on as it is a town hall 'fee' for living there.

A lot of landlords don't have any insurance at all (in my experience) so it is vital that you insure your own belongings (if you would do so normally). If the landlord has agreed to make any repairs that may come up, then put it into the contract.
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