Question about rental contract
 

We have a place in Spain that we rent out to college students during the school year and then use ourselves in the summer. We have a couple of questions about the rental contract:

1. Can we specify that there is no smoking allowed in the flat? For that matter, can we advertise that we only want to rent to non-smokers?

2. Can we specify that the students must pay a cleaning fee at the end of the contract if the flat is not left clean? It seems we always have to hire someone to come and clean every year. We just want to know if we can make them pay for that.

Thanks.
- Eric S.

Re: Question about rental contract
 

You can specify whatever you want. However, it would be impossible to enforce your rules.

Re: Question about rental contract
 

I agree, the worst you can do would be to withhold a deposit but that would be open to challenge.

You can most certainly advertise it as 'non smoking' and doing that would automatically render any mention of not renting to smokers both unnecessary and superfluous.

I presume you have a tourist licence for the property, you need that whomever you are renting to?

Re: Question about rental contract
 

You could offer them a cigarette as they leave the viewing. If they take it ………….

Re: Question about rental contract
 

A licence is NOT required if it is a long-term let which, I believe, this would be classed as.

Re: Question about rental contract
 

We checked into this when we first started renting and found that we did not need a license.

Thanks, everyone for the opinions. I agree it would be difficult to enforce the no smoking provision. But are we allowed to advertise it as a non smoking property?

And what about deducting a cleaning fee from the deposit?

Re: Question about rental contract
 

You need to write into the contract the provision for a cleaning fee which I suggest you should specify as a set amount , one week's rent for example , also specifying that such an amount can be deductible from the deposit. the important issue is to have it clear from day 1 .
The "No Smoking " clause is also advisable , just like a "No pets" clause . As someone has already pointed out it will be difficult to enforce but smoking makes the curtains, upholstrey etc smell - another reason for ensuring the place is cleaned properly..