Scope of the Contract:

These terms and conditions apply to CLIKALIA products/services related to real estate leasing, whether directly or through an intermediary, depending on the group company carrying out such activity (CLIPISO DESARROLLO SLU, CLICPISO REAL ESTATE II SLU, DBF INVESTMENTE I SL, DBF INVESTMENT II SL, DBF INVESTMENT III SL, DBF INVESTMENT IV SL, DBF INVESTMENT V SL, DBF INVESTMENT VI SL, DBF INVESTMENT VII SL, DBF INVESTMENT VIII SL, DBF INVESTMENT IX SL, DBF INVESTMENT X SL, CLIKALIA MANAGEMENT SERVICES SLU, KALIA PROPERTIES SOCIMI, SA), and are intended for individuals over the age of 18.

Products and services marketed under the specific mandate identified as CLIKALIA ASSET MANAGEMENT ALQUILER are not included in these Terms and Conditions and shall be governed by their own specific terms and conditions.

General Provisions and Purpose of the Agreement:

clikalia.es is the website of the companies comprising the CLIKALIA group, with registered office at Calle Álvarez de Baena, 2, Madrid, Postal Code 28006. 

Please read the terms and conditions of service carefully to be informed of the rights and obligations of users of the service offered through this medium. The validity of these terms and conditions shall be binding upon the user at the moment they decide to use the service.

Use of our services implies acceptance of these Terms and Conditions. We reserve the right to modify these Terms and Conditions at any time and without providing a reason.

Our website allows users to enter certain information about a property so that the user may rent said property. The properties offered for rent are owned by CLIKALIA or are owned by a third party who has granted CLIKALIA a mandate or commission for the marketing and, where applicable, the management of the lease.

Our website features different types of rentals:
1.    Rental properties for end users/customers.
2.    Rental properties for legal entities.
3.    Rental properties for the administrators or employees of legal entities.

Users must submit the necessary documentation through our website for the validation of the prospective tenant. Validation is a process to determine the financial capacity of the interested user based on CLIKALIA Group’s internal criteria. The information requested and provided by the user will be processed solely and exclusively for this purpose, as well as for the drafting and execution of the prospective lease agreement.

The user is responsible for the accuracy of the information provided to CLIKALIA.

The user’s request for a lease, regardless of the data and documents submitted to CLIKALIA for validation, constitutes acceptance of the terms and conditions of the lease agreement set forth below. Likewise, acceptance of these terms and conditions implies that users accept and understand that, should action be necessary to successfully carry out the order, mandate, or contract and fulfill the obligations arising therefrom, CLIKALIA, as the case may be, may take the necessary actions for this purpose, billing the respective costs to the other party and/or user, which are legally their responsibility.

Regardless of the validation and its outcome, CLIKALIA is under no obligation to grant or sign the lease agreement with any user.

Once CLIKALIA has notified the user of the tenant(s)’ acceptance, the user will receive the lease agreement via the email address provided for digital signature. If, 24 hours after the contract is sent, it has not been signed by the interested party, the consequence described in the section titled “cancellation of the reservation for reasons attributable to the user” will apply.

If you would like more information about the process described here regarding the rental of any of our properties, please send an email to documentacion.alquiler@clikalia.com and we will contact you as soon as possible.

Rental Reservation

When making a reservation to rent a specific apartment, the user must pay a €200 reservation fee. The reservation fee will be charged to the credit card via the payment gateway on the website, which may redirect you to online payment processing platforms if necessary.

Once the results of the financial feasibility study—which assesses the user’s ability to pay the monthly rent—are available, you will be notified:

1.     That the offer is denied or canceled because the customer does not meet the necessary eligibility requirements, and that the amount paid as a deposit will be refunded, without CLIKALIA assuming any liability, within the timeframes described below.

2. That the offer is accepted because the user has provided all the necessary documentation for the financial feasibility study and meets the necessary eligibility requirements, in which case the amount paid upon making the reservation (€200) will be deducted from the rent for the current month or from the rent for the immediately following month.

3. That additional documentation is required for the feasibility study or due to special circumstances.

Rejection of the Offer by CLIKALIA

In cases where the user’s offer has been rejected, following the completion of the corresponding financial feasibility study, CLIKALIA will refund the amount paid upon making the reservation within a maximum of 30 calendar days from the day following the date on which the user was definitively notified of the rejection of their offer via an email sent for that purpose.

Cancellation of the reservation for reasons attributable to the user

In addition to what is described in the previous section, once the user has successfully made a reservation for a rental property, they will have a maximum of 24 hours to submit all the information and documentation required for CLIKALIA’s financial feasibility study. If this period has elapsed and the information has not been submitted, the user will be deemed to have withdrawn from the offer, and CLIKALIA will have the right not to refund the amount paid by the user upon formalizing the reservation, and the user will forfeit said amount.

Conversely, if the user submits the documentation for the financial feasibility study but it proves insufficient, CLIKALIA will require the user to provide, within a maximum of 24 hours from the date of the request for additional information, the necessary documentation to conduct the corresponding assessment of their offer. If the user fails to provide it within the specified timeframe, the consequences outlined in the preceding paragraph will apply. If the user provides CLIKALIA with the required additional documentation, the review of their bid will continue.

Finally, in the event that CLIKALIA notifies the user via email that the result of the financial feasibility review is favorable and proceeds to send the contract, along with its corresponding annexes, for digital signature, the user will have a maximum of 24 hours to complete the digital signature. If the user does not digitally sign the lease agreement within the 24-hour period granted for that purpose, they will forfeit the amount paid at the time the reservation was made.

Terms and Conditions of the Lease Agreement:

The rental agreement shall specify:

1. If the tenant or lessee consists of several people, all of them shall be jointly and severally liable for their obligations arising from the lease agreement.

2. The rented property shall be identified, and, where applicable, an inventory of the movable property, appliances, and furniture/household goods contained therein, along with their condition, shall be included. Where applicable, this may also be accompanied by a photographic record of said movable property.

3. The ownership of the rented property or the right to lease it shall be identified. - Regarding community fees, the property shall be handed over with all community fees paid up to the date of the contract.

4. The requirement to sign the SEPA mandate for the direct debit of monthly rent payments and other expenses agreed to be the tenant’s responsibility.

5. The specific amounts of the rent, security deposit, and additional guarantee shall be specified, as well as any other guarantee of a different nature that may be agreed upon to ensure the tenant’s fulfillment of the obligations arising from the contract. Likewise, if agreed upon, the application of a rent discount (%) and the period during which it will apply shall also be indicated, as follows (or similarly, subject to modification by the landlord):

“It should be noted that the Landlord grants the Tenant, for the duration of XXX (X) months of this contract, from XX XXXX to XX XXXX, a discount on the monthly rent amounting to XXXX EUROS (XXX €), such that the Tenant shall pay the Landlord the amount of XXXX EUROS (XXXX €) in each of these months. Starting from the last month of the discount period, the Tenant must pay the full monthly rent amount indicated above. If the Tenant terminates the contract within the first SIX (6) months, they will forfeit the agreed discount and must pay in full all installments included in the discount”

6. The expenses arising from the use and enjoyment of the dwelling that will be borne by the tenant shall be indicated, and, where applicable, if the landlord grants any type of discount on the payment of such expenses, the following shall be expressly stated: the amount of the discount (%) and the period of time for which it will be granted. If discounts are agreed upon, the following format (or similar, subject to modification by the landlord) shall be used:

“It should be noted that the Landlord grants the Tenant the following grace periods or discounts to be applied to the amount the Tenant would otherwise be required to pay for the following items (or similar) and during the following period:

        
“Starting from the last month of the discount period, the Tenant must pay the full monthly amount of the applicable fees.”

7. To finalize the lease agreement, the tenant must sign the agreement subject to the conditions set forth below, along with its annexes, and make to the landlord—and the landlord must receive—the payments detailed in accordance with the financial terms agreed upon in the aforementioned Annex I.

Consequently, once the lessee has received the signed contract, along with the actual deposit of the aforementioned amounts into the lessor’s bank account, the lessor shall sign the contract, thereby finalizing the agreement.

The CLAUSES of the contract, unless expressly approved by CLIKALIA due to the lessee’s financial or personal circumstances, shall be as follows depending on whether the interested party is an individual, a legal entity, or a legal entity and the lease is intended to meet the housing needs of the administrator or an employee:
 
APPENDIX 1. TERMS OF THE RESIDENTIAL LEASE FOR NATURAL PERSONS

FIRST: Applicable Legal Framework

1.1.- The lease agreement is entered into pursuant to the provisions of Law 29/1994 of November 24, on Urban Leases (hereinafter, LAU) and is mandatorily subject to the provisions of Titles I and IV of said law (Title I (Scope of the Law, Articles 1–5) and Title IV (Common Provisions, Articles 36 and 37). Furthermore, as this is a lease for residential use, it is governed by the agreements, clauses, and conditions determined by the will of the Parties, within the framework of Title II of the LAU (Articles 6 through 28), and, subsidiarily, by the provisions of the Civil Code.

SECOND: Subject Matter

2.1.- The landlord leases to the tenant, who accepts it, the property as a specific unit. 
In particular, the dwelling is leased for use as a primary residence; no commercial, industrial (especially tourism-related activities), or even manual, office, or professional practice, or any other analogous or similar activity may be carried out or established therein. 

The tenant declares that they have visited the property and are aware of, and accept, its size, characteristics, condition, and the common services available to them, and the tenant deems the property suitable for the agreed-upon purpose. 

2.2.- The tenant receives the keys to the property and free possession thereof.  In particular, the tenant receives THREE (3) sets of keys  on the Start Date, as defined in the contract.

2.3.- If the tenant requests from the landlord a copy or extra set of keys from the THREE (3) sets of keys delivered upon signing the contract, the tenant must pay the landlord, for each extra set of keys requested and delivered by the landlord, the amount of FIFTY EUROS PLUS VAT (€50.00 + VAT).
Additionally, in the event of the loss of any set of keys by the tenant, the tenant must notify the landlord of this circumstance, due to the resulting need to change the lock/cylinder for obvious security reasons, which the landlord shall carry out, either directly or through third parties, providing the tenant with THREE (3) sets of keys for the new lock. The costs incurred for changing the lock due to lost keys shall be borne by the tenant, who must pay them to the landlord once the latter provides the corresponding supporting invoices.

THIRD: Use

3.1.- The dwelling shall be used exclusively as the tenant’s and, where applicable, their family members’ habitual and permanent residence for all purposes of this contract. 

Where applicable, the parking space must be used exclusively for parking a single motor vehicle belonging to the tenant or a family member living with the tenant, and the storage room must be used exclusively for storing personal property and belongings legally owned by the tenant or family members living with the tenant.

Parties are not permitted in the leased property. Failure to comply with this obligation shall entitle the landlord to terminate the contract, without prejudice to any liability for damages that may apply.

3.2.- The tenant agrees to notify the landlord in writing of the number of people who will be living with him on a regular and permanent basis in the rented dwelling.

3.3.- The tenant is directly and exclusively liable for any damage caused to persons or property (including the property, the building in which it is located, and the furnishings, facilities, and equipment leased together with the property) that results, directly or indirectly, from the use of the property (including ordinary use) by the tenant and other persons living with him, their guests, or persons or animals entering the property, including damage resulting from the handling and use of the property’s service and utility facilities or those in the building where the property is located, with the tenant being directly liable and the landlord being held harmless.

3.4.- Notwithstanding the foregoing, the tenant shall be liable for any damage, loss, breakdown, or defect caused to the property’s furnishings, facilities, or equipment, whether due to ordinary use, misuse, negligence, or willful misconduct on the part of the tenant and other persons living with him or accessing the property as guests of the tenant. 

In this regard, the tenant agrees to cover the cost of the damage, which shall be the value of the damaged property. It is agreed that, to determine the value of the property, the market value of the property at the time of signing this contract and depreciation due to ordinary wear and tear shall be taken into account. Such depreciation shall be calculated in accordance with applicable tax and accounting regulations, reflecting the loss of value of the property due to wear and tear from normal use and the passage of time.

3.5.- The tenant must comply with (and ensure that persons living with or visiting him/her comply with) current laws and the rules of the Building Owners’ Association of the building where the property is located, particularly regarding the use and enjoyment of common areas and services, as well as peaceful coexistence within the Association and prohibited activities.

FOURTH: Assignment, Subletting, and Right of First Refusal

4.1.- The tenant acknowledges and agrees that the landlord may assign its position as landlord to a third party, directly or indirectly, under the terms legally applicable.

4.2.- The tenant is expressly prohibited from subletting—including partial subletting—the property or any of its parts or elements, from assigning the lease, and from keeping the dwelling habitually vacant, without the prior written consent of the landlord. 
In the event of unauthorized subletting, the landlord shall be entitled to demand that the tenant pay a penalty equal to twice the amount received from the subletting for each month that the subletting remains in effect. If the tenant refuses to disclose the amount received or, once disclosed, this amount is not plausible in light of the information available to the landlord, the penalty shall amount to a fixed sum equivalent to TWO (2) months’ rent per month until the sublease ends. The aforementioned penalty is independent of the landlord’s right to terminate the contract due to unauthorized subletting or assignment and of the rights to compensation set forth in Clause 3 above. 

4.3.- The landlord may freely transfer the property, in whole or in part, directly or indirectly. In the event of the sale or transfer of the leased property under any title, the tenant hereby expressly waives their right of first refusal as referred to in Article 25 of the LAU. Nor may the tenant terminate the contract due to the direct or indirect acquisition of the property by a third party under any title or procedure.

FIFTH: Term, Extension, Termination, and Return of the Property

5.1.- The lease is established for a term of ONE (1) year, effective as of XX/XX/XXXX (the “Commencement Date”). In accordance with current legislation, given that the initial term of the lease is less than SEVEN (7) years and the landlord is a legal entity, the contract shall be automatically extended for annual terms until the lease reaches a duration of SEVEN (7) years; such renewal shall not take place if the tenant notifies the landlord in writing of their waiver of the aforementioned extension at least THIRTY (30) days prior to the end of the agreed initial term or any of its annual extensions.

5.2.- Upon the expiration of the contract or any of its extensions, once at least SEVEN (7) years of the contract’s term have elapsed, the provisions of Article 10.1 of the LAU shall apply. 

5.3.- Upon reaching the contract’s termination date, the contract shall automatically terminate without the need for any prior notice, expressly excluding the tacit renewal provided for in Article 1,566 of the Civil Code. 

5.4.- The tenant may only terminate the lease agreement once at least SIX (6) months of the term have elapsed, provided that the tenant notifies the landlord in writing via certified mail at least THIRTY (30) days in advance. In this case, the tenant shall compensate the landlord with an amount equal to one month’s rent at the current rate for each remaining year of the contract. Periods of less than one year shall give rise to a proportional portion of the compensation.  

5.5.- Upon termination of the lease agreement, without the need for prior notice, the tenant must return to the landlord the THREE (3) sets of keys received, as well as vacate the property (along with the furnishings, fixtures, and equipment listed in Annex III), free of all personal belongings and furniture of the tenant and those living with them,  clean, and in the same good condition in which it was received, except for wear and tear resulting from ordinary use and the passage of time, with the property to be inspected as soon as possible by the landlord or a person designated by the landlord.

5.6.- Any delay in vacating the property under the agreed conditions shall result in the cessation of rent accrual upon the expiration of the lease term and the accrual of a penalty to be paid by the tenant to the landlord, as a result of the tenant’s improper and unauthorized use of the property, which is expressly agreed upon as a penalty clause in an amount equivalent to twice the daily rent (calculated based on the current monthly rent) for each day of delay.
Furthermore, the tenant shall also be obligated to pay the expenses and taxes required under this contract, as well as any other expenses related to the property for which the tenant is responsible, in effect as of the contract’s termination date, for the duration during which the tenant continues to improperly occupy the property (regardless of the number of days, even if it is for less than one month).

The tenant’s continued occupancy of the property and the payment of the amounts provided for in this Section 5.6 shall in no case be construed as a tacit renewal of this contract, and all of this is without prejudice to any actions that may be taken for the effective eviction from the property and any compensation for damages that may be due to the lessor pursuant to Clause 3 above.

5.7.- The return of possession of the property through the handover of keys must take place Monday through Friday (excluding holidays), between 9:00 a.m. and 6:00 p.m., [and shall be documented by the execution and signing of a lease termination document and its Annex I, the “acknowledgment of receipt” of keys]. If the contract termination date does not fall on a Monday through Friday that is not a holiday, the return of possession in accordance with the provisions of this clause shall take place on the immediately preceding or following business day (Monday through Friday).

SIXTH: Rent, Payment Method, Adjustment, and Consequences of Non-Payment

6.1. The monthly rent is xxxxxxx EUROS (xxxxxxx.-€), hereinafter referred to as the “rent.”
Rent begins to accrue as of the Start Date. The rent for the month in which the lease begins will be proportional to the number of days in that month during which the lease is in effect, amounting to xxxxxxxxx EUROS (xxxxx.-€). From this amount, the xxxxxx EUROS (xxxx.-€) that the tenant paid as a deposit on date xx shall be deducted, thereby reducing the amount due for the current month to xxxxx EUROS (xxxxx.-€). 

6.2.- Rent must be paid within the first SEVEN (7) days of each calendar month. Rent shall be paid in euros, and the tenant agrees to set up a direct debit for rent payments, authorizing and signing the SEPA direct debit mandate attached as Annex II for this purpose.

Any change to the financial institution or bank account designated herein by the tenant shall have no effect between the Parties until the tenant provides the landlord with verifiable notice, with at least THIRTY (30) days’ notice, of the intended change, indicating the new bank (which, if foreign, must have a branch open in Spain) and/or the replacement checking account. Rent shall not be deemed paid until it is received in the landlord’s bank account, at which time the corresponding bank entry will be made. Payment shall be deemed sufficient upon presentation of the appropriate transfer receipt or proof of payment, without the need for the landlord to issue any receipt.

6.3.- In the event of a delay in rent payment, the parties agree to an annual late payment interest rate for each day of delay on the amount owed, equivalent to the statutory interest rate in effect at that time plus TWO (2) percentage points, calculated daily over a 365-day year. This interest shall accrue automatically without any prior demand by the landlord and shall accumulate daily from the date of non-payment (inclusive) until the date of actual payment (exclusive). This interest will be charged on the rent invoice for the month following the one in which the delay occurs (and on the rent invoices for subsequent months if non-payment continues) or, in the event of termination of the contract, will be settled weekly. 

The foregoing is without prejudice to the landlord’s right to terminate the contract for non-payment of rent, in accordance with the provisions of Clauses 12 and 13 below. 

6.4.- The rent shall be adjusted annually, exclusively upward and on a cumulative basis, on the date marking the completion of each year of the contract’s term, applying the annual percentage change in the Consumer Price Index (CPI) as of the date of each adjustment, using as the reference month for the adjustment the month corresponding to the latest index published on the contract’s adjustment date. 

The landlord shall send a notice to the tenant via email indicating the amount of the adjusted rent or shall communicate the adjusted rent by any other legally permissible means. Any delay by the landlord in communicating the rent adjustment or in applying the adjustment shall not be construed as a waiver by the landlord of such adjustment.

If the CPI ceases to be published, the Competitiveness Guarantee Index (IGC) shall apply as the reference index. Likewise, in the event that, due to a legal requirement applicable to this contract, it is mandatory to apply an index other than the CPI, the index resulting from the regulations applicable to this contract must be applied. 

Changes in rent resulting from the adjustment agreed upon in this provision shall be incorporated into the contract rent and shall therefore form part of the basis for subsequent adjustments, all in accordance with the provisions of the LAU.

In the event that any temporary limitation on rent adjustments has been approved, such limitation shall be respected during the period in which it is in effect, if applicable to the contract.

6.5.- Any delay in the payment of any financial obligations arising from this contract other than the rent payment—to which the provisions of Section 6.3 above shall apply—shall, without the need for prior demand, accrue late payment interest in favor of the landlord as provided in Section 6.3, under the terms and conditions set forth therein. 
The foregoing is without prejudice to the landlord’s right to terminate the contract for non-payment of the amounts owed by the tenant under this contract, in accordance with the provisions of Clauses 12 and 13 below.

6.6.- Notwithstanding the foregoing, failure to pay and/or delay in payment of rent or any other amounts owed by the tenant shall be considered an express cause for termination of this contract, exercisable at the lessor’s discretion, within the limits established by law and case law.

6.7.- The tenant must pay invoices upon their due date (within the first SEVEN (7) calendar days of each month). In the event that the tenant fails to pay, or is late in paying, any amount, the landlord will notify the tenant of the unpaid amount via personalized communication, respecting the tenant’s privacy at all times. Such communication to the tenant may be made by telephone call, regular mail, email, any other electronic means, or any other means permitted by law.

SEVENTH: Payment of common expenses, private expenses, taxes, services, and utilities

7.1.- The rent does not include the property’s ordinary expenses, that is, the expenses and costs for the services and utilities provided to the property and measured by individual meters, which shall be the sole responsibility of the tenant (electricity, telephone, internet, water, gas, alarm system if any, and any other utilities and services whose expenses and costs can be individually measured).
The property is leased in any case with a minimum electrical supply capacity of 2.5 kW, and the tenant shall be solely responsible for paying the costs associated with contracting a higher capacity, should the tenant deem it necessary.

7.2.- As indicated above, the transfer of utility accounts into the tenant’s name is pending.

In any case, and until such time as the change of ownership or direct debit is completed, the lessor shall charge the lessee for the amount of consumption incurred and billed by the relevant companies for the services and utilities mentioned in section 7.1 above. 

7.3.- Likewise, the tenant shall be responsible for the installation, maintenance, repair, and replacement of the respective meters and other necessary components of the facilities for the services and utilities mentioned in section 7.1 above, under the conditions required at any given time by the utility companies.

7.4.- It is expressly stated that upon termination of the lease agreement and in order to deliver the property free of encumbrances and contractual obligations for utilities and services that may affect subsequent leases by a new tenant, the current tenant must provide the landlord with the corresponding supporting documents issued by each of the utility companies, which clearly state that the tenant is up to date with payments for the property’s utilities and services, as well as the latest invoices issued by these companies and photographs of the meters when they are located within the leased private area.

If the tenant fails to provide the landlord with the documents referred to in the preceding paragraph within TEN (10) days (counting from the handover of the keys to the leased property), the landlord may, either directly or through third parties, carry out the procedures set forth in the preceding paragraph. The costs shall be borne by the tenant, who must pay them to the landlord once the landlord provides the corresponding supporting invoices.

7.5. Expenses related to water or other utilities in those condominiums
that are included in the community bill will be re-billed to the tenant
, who must pay them either by direct debit, bank deposit, or wire transfer, at the landlord’s discretion.

7.6.- Homeowners’ Association Fees and Property Tax (IBI): The tenant shall be responsible for the ordinary expenses arising from the homeowners’ association to which the property belongs, based on the ownership share assigned to the property, as well as the Property Tax (IBI) applicable to the property, for the duration of this contract.

The community fees for the property currently amount to xxxxxxx EUROS (xxxxxxx.-€) per year, in accordance with the latest budget approved by the homeowners’ association. The amount to be paid by the tenant at any given time for community fees shall be that resulting from the latest budget approved by the homeowners’ association at that time.

The property tax (IBI) for the property currently amounts to xxxxxxx EUROS (xxxxxxx.-€), in accordance with the latest IBI bill issued by the City Council as of this date. The amount to be paid by the tenant for property tax at any given time shall be that resulting from the latest IBI bill issued by the City Council at that time.

The above amounts will be charged to the tenant along with the rent on the same invoice, which will list the rent and the other items separately.

7.7.- Notwithstanding the foregoing, the landlord grants the tenant a grace period of THREE (3) years from the signing of this contract for the payment of homeowners’ association fees and property tax; therefore, the tenant shall begin paying homeowners’ association fees and property tax as of the first day of the fourth year of the contract.

In the event that, at the time of the lease’s termination, once the aforementioned THREE (3) year grace period has ended, a property tax bill has not yet been issued by the relevant municipality for the current fiscal year, the Parties agree that the property tax for the current year shall be shared pro rata temporis between the landlord and the tenant based on the number of days the tenant has leased the property during that year, based on the result of multiplying 1.05 by the amount of the IBI for the immediately preceding year, without prejudice to any subsequent settlement that may be required once the final amount of the IBI for that year is known.
Conversely, if at the time of the lease’s termination, the landlord possesses a payment notice, a certificate from the city council, or any other document from the city council stating the amount due for the current year’s IBI, the tenant shall pay the the portion corresponding to the days the lease was in effect during that year, based on said amount.

7.8.- The landlord agrees to use its best efforts to ensure the property is habitable. However, in the event of interruptions or outages in any of the property’s general or individual utilities and services that are not caused by the landlord, the landlord shall not assume any liability, nor shall they be obligated to reduce the rent or any other amount, and the tenant may not terminate this contract and shall remain obligated to pay the established rent.

7.9.- In the event that the tenant has a security alarm installed in the dwelling, the tenant agrees to deactivate it prior to the end of the lease and will cooperate with the landlord to facilitate the installation of a new alarm if so requested. In any case, the responsibility for returning the alarm to the security company that owns it lies with the tenant.

EIGHTH: Other Expenses and Taxes

8.1.- In the event that either Party wishes to have this lease notarized and/or registered, all notary and registration fees arising from the notarization of this contract (or its execution in a public deed), its registration, if applicable, in the Property Registry, and its cancellation, if applicable, in the Property Registry, shall be borne by the Party requesting such notarization and/or registration.
In accordance with the foregoing, if the contract has been registered in the Property Registry at the tenant’s request, the tenant undertakes, at its own expense, to cancel said registration upon termination of the contract.

8.2.- If, at this time or in the future, there are waste collection fees or similar or analogous taxes, these shall be borne by the tenant, and the landlord shall re-invoice them to the tenant, who must pay them either by direct debit, or by bank deposit or transfer, at the landlord’s discretion.

The waste collection fee for the property currently amounts to xxxxxxx EUROS (xxxxxxx.-€) per year, in accordance with the most recent invoice issued by the Administration for this fee in relation to the property. The amount to be paid by the tenant for the waste collection fee shall be that indicated on the most recent invoice for said fee issued by the Administration at any given time.

8.3.- The tenant shall be responsible for any taxes arising from the execution of this contract, whether one-time or recurring, including, without limitation, the Tax on Property Transfers and Stamp Duty in its form as Tax on Onerous Property Transfers, as provided for by current legislation. The tenant agrees to pay the corresponding taxes in a timely and proper manner and to hold the landlord harmless from any liability that may arise for the landlord as a result of the tenant’s failure to comply with or improper compliance with this obligation.

NINTH: Repairs and Renovations

9.1.- Work to be Performed by the Tenant

9.1.1.- In the event that the tenant wishes to carry out construction work on the property that alters the property’s configuration (including its leased fixtures), the tenant must obtain the lessor’s prior written consent; therefore, the tenant must provide the lessor with reliable written notice prior to commencing such work. If the landlord authorizes the work, it shall be at the tenant’s expense, on the tenant’s account, and under the tenant’s responsibility, and shall remain for the benefit of the property (unless otherwise expressly agreed), without the tenant being entitled to any indemnification or compensation at any time. Any municipal permit, or any other permit, required to carry out the work shall also be at the tenant’s expense, as well as any technical or professional supervision, if applicable, and all liabilities that may arise from the work. If the landlord does not expressly consent to the tenant carrying out the aforementioned work, such work may not be performed under any circumstances. 

In any case, the tenant must hold the landlord harmless from any damages that may be caused to third parties by the performance of the work, whether consented to or not, particularly those not in compliance with current regulations or the law.

It is prohibited to drill holes in kitchen and bathroom walls, floors, doors (including those of the cabinets provided with the property), built-in shelving, and the property’s tiling, as well as to place flowerpots on wooden floors or other porous surfaces within the property, in order to prevent damage caused by moisture.

Violation of the foregoing obligations shall entitle the landlord to terminate this contract. Furthermore, the landlord may demand that the property be restored to its previous condition or retain the modification made in accordance with the terms established in the LAU and shall be entitled to the corresponding compensation for damages. 

9.1.2.- The tenant shall bear, at their own expense, the cost of minor repairs required due to normal wear and tear from the ordinary use of the property, such as replacing light bulbs, general maintenance of appliances, repair or replacement of small appliances and kitchenware, routine plumbing work, maintenance of air conditioning/heating systems, painting, preventive maintenance, etc. 

Likewise, the tenant shall be responsible for repairs resulting from damage attributable to the tenant or to persons living with the tenant. 

9.2.- Work to be Performed by the Landlord

9.2.1.- The regulations in force at the time of signing this contract shall apply. 

9.2.2.- The parties agree that, in the event of urgent repair work required by the landlord, the tenant shall immediately notify the landlord, who undertakes to carry out such repairs with the utmost urgency. If, after FIVE (5) business days from the tenant’s notification, the landlord has not carried out the necessary repair, the tenant may perform the repair themselves to prevent imminent damage or serious inconvenience, provided that the work does not affect common areas and complies with applicable regulations, and may immediately demand reimbursement from the landlord. 

The tenant must also notify the landlord, as soon as possible, of the need to carry out the repairs provided for in section 9.2.4 below, even if they are not urgent. 

In the cases provided for in this section 9.2.2, the tenant must allow the landlord to directly verify the condition of the property, either personally or through technicians designated by the landlord. 

9.2.3.- In accordance with Article 19.4 of the LAU, at any time from the effective date of this lease agreement and upon mutual agreement between the landlord and tenant, improvement work may be carried out on the leased property and the rent under the agreement may be increased, without this implying an interruption of the mandatory extension period established in Article 9 of the LAU or the tacit extension referred to in Article 10 of the LAU, or a restart of the calculation of such periods.

9.2.4- The landlord shall be responsible for any repairs necessary to maintain the dwelling in a habitable condition for its agreed use, except when the repair of damage is the tenant’s responsibility in accordance with the provisions of section 9.1.2. above. Consequently, the landlord agrees to perform and pay in full for the work, repairs, and/or replacements necessary to maintain the dwelling in a habitable condition for its agreed-upon use, except when the tenant is responsible for repairing the damage.

TENTH: Security Deposit, Additional Guarantee, and Insurance.

10.1.- The tenant shall pay the sum of xxxxx EUROS (xxxxx.-€), corresponding to ONE (1) month’s rent as a security deposit. This security deposit serves as a guarantee and shall be returned to the tenant if, at the end of the lease term, the tenant is up to date with payments, the property has been maintained and returned in accordance with this contract, and the tenant is in compliance with all other obligations arising from this contract.

The aforementioned security deposit is paid to the landlord via bank transfer ordered on this date to the landlord’s bank account with the following IBAN: xxxxxxxxxxxxxxxxx, in the manner described in Section III of this contract.

During the first SEVEN (7) years of the contract, the security deposit shall not be subject to adjustment; however, each time the lease is extended, the security deposit shall be adjusted so that it is equivalent to ONE (1) month’s rent in effect at that time. 
The landlord agrees to deposit the security deposit in accordance with applicable regional regulations. 

10.2.- Furthermore, as an additional guarantee, the tenant shall also pay the landlord, upon signing this lease agreement, the amount of xxxxxxx EUROS (xxxx.-€), equivalent to one or two months’ rent. The additional security deposit will be returned to the tenant if, at the end of the lease term, the tenant is up to date with payments, the property has been maintained and returned in accordance with this contract, and the tenant is in compliance with all other obligations arising from this contract.

Both the statutory security deposit and the additional security deposit are established as security for the tenant’s legal and contractual obligations. 

Like the security deposit, the additional guarantee is paid to the landlord via bank transfer ordered on this date to the landlord’s bank account with IBAN: xxxxxxxxxxx, as described in Section III of this contract.

The amount of the additional security deposit shall be adjusted annually as of the date of this contract, so that it is equivalent at all times to [1 or 2] months’ rent in effect at the time of the adjustment. The tenant shall pay the landlord the amounts due pursuant to this adjustment, if applicable, together with the rent payment immediately following the date on which the new amount of the additional security deposit is communicated by the landlord to the tenant; if, on the other hand, the landlord is required to refund any amount of the additional security deposit to the tenant pursuant to the adjustment of the security deposit, such amount shall be deducted from the next monthly rent payment due as of the date on which the new amount of the security deposit is communicated by the landlord.

10.3.- The existence of the security deposit and additional guarantee shall never serve as a pretext for delaying payment of rent or any other amounts the tenant has agreed to pay, including rent and other amounts corresponding to the final month of the contract’s term.

10.4.- The amount of the security deposit and additional guarantee does not limit the tenant’s liability for obligations arising from this contract or for any potential damages and/or penalties the tenant may be required to pay.

In the event that the lessor enforces, in whole or in part, the security deposit and/or the additional guarantee as a result of any breach by the lessee under this contract, the lessee must pay the lessor the necessary amounts so that the lessor has, at all times, a security deposit and additional guarantee in the amounts established in this contract. 

10.5. HOME INSURANCE: The tenant agrees to maintain valid home insurance throughout the term of the lease agreement to cover liability for damages to third parties and to cover the contents of the leased property, with a minimum coverage of 10,000.-€ for coverage of incidents including, but not limited to, [water damage, fire, and electrical damage], which must be in effect from the date the lease agreement is formalized. 
The tenant hereby authorizes, pursuant to this clause, the landlord to take out, on the tenant’s behalf—with the tenant as the policyholder and insured party—the home insurance described in the preceding paragraph, without prejudice to the tenant’s liability for damages caused by the use of the leased property under the terms and conditions set forth in this contract. The cost of this insurance and its renewals shall be borne by the tenant, who hereby expressly authorizes the amount to be charged to the same account from which the rent is automatically debited. For this purpose, the tenant must provide all reasonable documentation required to arrange the aforementioned insurance. Once the contract with the insurance company has been signed, the landlord shall provide a copy thereof to the tenant. 
The initial annual premium for said insurance amounts to xxxx EUROS (XXX.-€) and shall be subject to the remaining terms and conditions described in Annex V. The tenant shall provide proof of up-to-date payment of the insurance premiums when requested to do so by the landlord. Likewise, the tenant must provide the landlord with a copy of the insurance renewals when the landlord so requests. 

Failure by the tenant to pay the premium for the aforementioned insurance shall be considered a material breach and shall constitute grounds for termination, allowing the landlord to seek termination of the contract. 

If the tenant terminates the lease prior to the end of the current policy year covered by the insurance, the premium for that policy year shall not be prorated between the landlord and the tenant.

Nothing in this clause shall be construed as an obligation on the part of the tenant to maintain the home insurance policy taken out by the landlord on behalf of the tenant pursuant to this section for the entire duration of the contract. The tenant shall have the right to replace said insurance at any time, at their own expense, provided that they maintain home insurance throughout the term of the lease that complies with the conditions set forth in the first paragraph of this Section 10.5. Likewise, the tenant has the right, if they already have home insurance that meets the requirements of this clause at the start of the lease and it is possible and they wish to do so, to use such insurance to fulfill this obligation under the present lease by providing proof of said insurance, compliance with its requirements, and its validity and coverage prior to signing the lease agreement.

ELEVENTH: Obligations of the Tenant.

11.1.- The tenant further agrees to:

a)    Pay the rent, including any legal and/or contractual increases, as well as the agreed-upon expenses, services, and taxes in the manner provided, including the security deposit and additional guarantee.

b)    Carry out and pay for repairs for any damage to the leased property attributable to the tenant. Minor repairs required due to normal wear and tear from the ordinary use of the leased property shall also be the responsibility of the tenant.

c)    Not to assign the contract or sublet the property subject to this contract, in whole or in part, nor to use the property, in whole or in part, for lodging or any form thereof, without the prior, express, and written consent of the landlord.

d)    To notify the landlord, as soon as possible, of the need to carry out the repairs necessary to maintain the dwelling in habitable condition.

e)    Vacate the property subject to this lease, in accordance with the terms set forth in this contract, on the date of termination of this contract.

f)    Comply with the current rules of the Homeowners’ Association and those contained in the applicable Condominium Law, undertaking, in particular, not to disrupt the normal functioning of the homeowners’ association to which the leased property belongs.

g)    To uphold the warranties set forth in this contract. 

h)    Where there is a reasonable cause, the tenant agrees to cooperate to allow access to the leased property to the landlord’s technicians or to third parties sent by or hired by the landlord. Reasonable causes for accessing the leased property shall include, among others, the performance of appraisals and visits by potential third-party buyers. The landlord shall notify the tenant sufficiently in advance so that the visit may take place on a date and time agreed upon by the Parties, causing the least possible inconvenience and harm to the tenant.

i)    Likewise, the tenant is aware and agrees that, in the event that third parties are interested in acquiring, in whole or in part and directly or indirectly, the leased property, or if the landlord requires, for any reason, an appraisal of the leased property, the disclosure to third parties of the lease agreement, including the details contained therein, and the proof of payment of rent and other amounts due or for which the tenant is liable under this agreement.

j)    To respect and comply with all other legal and contractual obligations set forth in this contract or applicable to the tenant under applicable law.

k)    Not to engage in any acts that could invalidate the general insurance of the property or the building in which it is located.

11.2.- Any material breach of these obligations, if verified by the landlord, shall constitute grounds for termination of the contract, entitling the landlord to terminate the contract.

TWELFTH: Termination of the contract.

12.1.- This contract shall terminate upon the expiration of the fixed term. In this case, neither Party shall be entitled to claim any compensation from the other Party for this reason.

12.2.- It may also be terminated early, at the request of either Party and upon providing the other Party with written notice to that effect, if the other Party commits a material breach of any of the obligations assumed under this contract, in accordance with the provisions of Clause 13 below. 

In particular, the Parties expressly agree that failure to pay the monthly rent or any other amounts that the tenant is obligated to pay under this contract shall constitute grounds for termination of the contract, entitling the landlord to terminate it, within the limits established by law and case law. 

THIRTEENTH: Grounds for Termination of the Contract Due to Breach.

13.1.- Breach by either Party of the obligations arising from this lease agreement shall entitle the Party that has fulfilled its obligations to demand performance of the obligation or to seek termination of the lease agreement in accordance with the provisions of Article 1,124 of the Civil Code. Likewise, the Parties may terminate the lease agreement as of right in the cases provided for in Article 27 of the LAU and in the event of breach of the obligations agreed upon in this lease agreement for which such breach is deemed grounds for termination, within the limits established by law and case law.

By way of example and without limitation, the landlord may terminate this lease agreement as of right for the following reasons:

a)    The tenant’s engagement in activities that are disruptive, unsanitary, harmful, dangerous, or unlawful within the leased property.

b)    The tenant’s intentional damage to the property or unauthorized alterations, as well as any work that compromises the stability or safety of the property.

c)    Failure to pay rent or other amounts that the tenant has agreed to pay or is obligated to pay under the contract. 

d)    Failure to pay the security deposit and the additional guarantees specified in the contract, as well as the amount of the security deposit adjustment, and/or additional guarantee [and/or renewal of the bank guarantee] in accordance with the provisions agreed upon by the Parties in this contract and the applicable regulations.

e)    Unauthorized assignment or subletting.

Likewise, the tenant may terminate this lease agreement as of right for the following reasons:

a)    The landlord’s failure to carry out the repairs referred to in Article 21 of the LAU.

b)    Any actual or legal disturbance caused by the landlord in the use of the property.

13.2. In the event of termination of the contract due to a breach by either Party, the property must be returned immediately to the landlord, in accordance with the terms and conditions set forth in Clause 5 above.

SECTION 14: Notifications

14.1.- For the purpose of receiving any notice related to the rights and obligations set forth in this contract, the following email addresses and phone numbers are designated:

landlord: xxxxxxxxxxxxxxx 

Tenant: xxxxxxxxxxxx

and the following addresses:

Landlord: xxxxxxxxxxxxxx Street

Tenant: xxxxxxxxxx

14.2.- Communications shall preferably be made via electronic means, provided that the authenticity of the communication and its content is guaranteed and there is reliable proof of the complete transmission and receipt, as well as the time at which they occurred. In the event of impossibility, failure of the email service, or failure to meet the above requirements for email communications, communications shall be made by certified mail or via burofax.

FIFTEENTH: Jurisdiction

15.1.- For any action, whether contractual or non-contractual, arising in connection with this lease agreement, the Parties agree to submit to the jurisdiction of the courts of the location where the leased property is situated. The Parties expressly waive any other jurisdiction that might apply to them unless such jurisdiction is imposed by mandatory law.

SIXTEENTH: Data Protection and Inclusion of Debt Default Data in Credit Bureaus.

16.1.- Who is responsible for processing your personal data? 

In compliance with General Regulation (EU) 2016/279 and Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights, the tenant is hereby informed that the personal data provided and any data derived from the relationship will be processed by the CLIKALIA group company indicated in the contract and via email: dpo@clikalia.com, as the data controller. 

The tenant may contact the data protection officer at dpo@clikalia.com or at Calle Álvarez de Baena, 2, Madrid, Postal Code 28006.

16.2.- For what purposes will your personal data be processed? 

The tenant’s personal data will be processed for the following purposes: 

•    Establishment of the contractual relationship and related actions between the landlord and the tenant. Management, execution, and maintenance of the contract.
•    Management of property maintenance through third parties to carry out inspections or repairs. 
•    Financial management of payments and receipts, and tracking of rates for invoicing purposes. 
•    Handling of issues arising from the contract.
•    Conducting satisfaction surveys to incorporate improvements into the management of quality processes related to lease management. 
•    Management of the legal security deposit with the relevant authorities. 
•    Possible enforcement of guarantees.
•    Sending communications and notifications, via email or SMS, regarding issues or any other problems related to the building.
•    Management, registration, and deregistration of users in the Clikalia customer portal for resolving issues related to the property and other related services.
•    Activities related to monitoring and ensuring corporate compliance with the Parties’ obligations.
•    Sending information about products and services related to the lease agreement. If you do not wish to receive this type of information, check the box: I do not authorize⃣  
We inform you of the existence of advertising opt-out systems designed to prevent the sending of commercial communications. A list of these systems is available on the AEPD’s website (https://sedeagpd.gob.es).

16.3.- What is the legal basis for the processing of your personal data? 

The legal basis for the processing of your data is as follows:

•    Performance of the contractual relationship established between the Parties.
•    Legal compliance with applicable national and regional regulations, in particular Law 29/1994 of November 24 on Urban Leases, tax laws, and the Civil Code. 
•    The landlord’s legitimate interest in identifying potential issues or areas for improvement in its quality system. 
•    The landlord’s legitimate interest in keeping you informed about products and services related to the lease. 
•    Legitimate interest in defending the interests of the Parties in the event of a dispute. 

16.4.- How long will your personal data be retained?

The landlord will retain the tenant’s personal data for the duration of the contractual relationship, and will subsequently retain such data, duly and appropriately blocked, for the statute of limitations period applicable to any actions that may be brought in accordance with applicable civil law. 

16.5.- To whom will your personal data be disclosed? 

The data will be disclosed to: banks, financial institutions, and credit agencies for the financial management of the lease; insurance brokers and insurance companies to facilitate the necessary procedures for obtaining building and contents insurance policies in the event of damage or potential claims arising from the leased property; the Tax Agency and other competent state, regional, and local public administrations and entities, for the purpose of filing the corresponding tax returns (taxes and fees); state, regional, or local public administration entities with a legal obligation to report leases and for the deposit of security deposits; the City Council of the corresponding municipality in relation to the joint management of land and urban planning in the city; to energy (electricity, gas, etc.) and water companies for the purpose of processing the change of ownership of supply contracts in the event that the tenant has requested the landlord to manage this change (if there is no change of supplier, to manage access to facilitate meter readings); Courts and tribunals for the management and resolution of any disputes arising from the lease; financial institutions and their advisors for the granting of financing to the company that owns the property; regulatory bodies for the prevention of money laundering and terrorist financing; State law enforcement agencies in the event of any security incident occurring in response to formal requests with a legal basis; to third parties interested in acquiring the leased property, in whole or in part and directly or indirectly, or to the entity responsible for appraising the property, as provided in Clause 11.1(h) above, based on the legitimate interest of the lessor and the third party in carrying out such a transaction. 

The data controller informs you that, for its operations, it uses information systems (Microsoft 365 Online Services), whose operators may be located in countries whose legislation is not comparable, which may involve potential international data transfers.  In addition, customer service is provided through software from Zendesk, Inc., a company adhering to the Data Privacy Framework Adequacy Decision, which allows the flow of European citizens’ data to the U.S. and will involve an international data transfer.

You may inquire about potential international data transfers by emailing dpo@clikalia.com. These international data transfers are necessary for the provision of the requested services.

In the event of non-payment of amounts for which you are liable, for any amount or cumulative sum, pursuant to this contract and in accordance with applicable law (i.e., when the debt is certain, due, and payable, and payment has been previously demanded by the landlord from the tenant), your personal data may be reported to the national or international credit default registry chosen by the landlord, based on the legitimate interest in preventing fraud or any other civil or criminal offenses, such as Equifax-ASNEF/RAI/CCI/RIJ/BADEXCUG-Experian.

In the event that the tenant’s default data is included in a negative credit registry at the lessor’s request, the tenant will receive, within a maximum period of one month from the registration of the debt in the registry, a notification from the registry operator informing them of the inclusion of their data and of the possibility to exercise the rights set forth in Articles 15 through 22 of the General Data Protection Regulation (EU) 2016/679.

In any case, the landlord assumes no liability arising from the failure of the controller of the relevant file to provide the aforementioned notification to the tenant-debtor. 
The landlord informs you that, for administrative purposes, it uses information systems (Microsoft 365 Online Services), whose operators may be located in countries with legislation that is not equivalent, which may involve international data transfers. 

16.6.- What are your rights? 

Data subjects may exercise their rights of access, rectification, erasure, portability, restriction, and objection by writing to the Data Protection Officer of the DATA CONTROLLER at the following email address: dpo@clikalia.com. Furthermore, data subjects have the right to lodge a complaint with the Supervisory Authority (Spanish Data Protection Agency: www.aepd.es).

16.7. – Internal reporting channel

The [landlord] makes an ethics channel/whistleblowing channel available to third parties. The data of the person making the report and of the employees and third parties involved will be processed to assess whether it is appropriate to initiate an investigation into the reported facts and, if deemed appropriate, for the corresponding investigation. This information will be retained in that system for a period not exceeding three (3) months. After this period, the information comprising the investigations may be retained outside the channel for as long as necessary to defend the interests of the channel’s owner and may be disclosed to judicial bodies or law enforcement agencies, if appropriate.

16.8.- Direct Debit Mandate (SEPA).

In accordance with and in compliance with the provisions of the General Data Protection Regulation (EU) 2016/279 and Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights, THE LESSOR informs the lessee that their personal data will also be processed in accordance with the aforementioned legislation, for the purposes of maintaining the administrative and accounting management of the activity, the direct debit of bills [and one-time charges for services rendered by the Data Controller], and the processing of tax certificates. 

The legal basis for the processing is the performance of the contract [and the provision of services by the Data Controller, as well as the billing of services].

The data will be retained for as long as the relationship continues and no request for deletion is made, and in any case, in compliance with the applicable statutory limitation periods. 

Data transfers are planned to banks and savings banks for the direct debit of bills and one-time charges, to the Tax Authority for compliance with legal obligations, and to companies within the CLIKALIA GROUP, for the purpose of complying with reporting obligations and regulatory compliance policies within the Group’s companies.

No international data transfers are planned. 

Consequently, the tenant states that: 

☐ I SPECIFICALLY, UNEQUIVOCALLY, FREELY, AND IN A WELL-INFORMED MANNER CONSENT AND AUTHORIZE the landlord to collect, process, store, and transfer my personal data to third parties for the purpose of managing the collection of monthly rent payments due, as well as any other amounts related to the residential property covered by this contract that have been agreed to be the responsibility of the tenant.]

SEVENTEENTH: Prevention of Money Laundering and Terrorist Financing

17.1.- Prevention of Money Laundering and Terrorist Financing:

Within the framework of this contractual relationship, if applicable, the tenant shall provide the landlord, when requested by the landlord, truthfully and completely, all information and documentation necessary and requested for the purpose of enabling the landlord to comply with its obligations under Law 10/2010 of April 28 and other regulations governing the prevention of money laundering and the financing of terrorism, and expressly authorizes the landlord to carry out any verification checks it deems appropriate for this purpose. 

The tenant’s failure to provide the landlord with the information and documentation required by the landlord to comply with the aforementioned legislation shall constitute sufficient grounds for the landlord to terminate the contractual relationship with the tenant, within the limits established by law and case law.

17.2.- The tenant accepts and declares that they have read and understood the terms and conditions set forth above.

ARTICLE EIGHTEEN

18.1.- Information regarding inquiries and inclusion in the judicial delinquency registry.

•    During the term of this lease, the landlord may check the tenant’s status in the Spanish Bar Association’s Registry of Judicial Debts to verify the tenant’s creditworthiness and compliance with financial obligations. This registry contains information regarding certain, past-due, and enforceable debts of no less than €50, the existence or amount of which has not been the subject of an administrative or judicial claim by the debtor or through a binding alternative dispute resolution procedure between the parties. The legal basis for this inquiry is the lessor’s legitimate interest, which arises when a contractual relationship exists with the party concerned that involves the payment of a monetary amount.
•    In the event of non-payment of amounts by the tenant as a result of this contract and in accordance with Article 20 of Organic Law 3/2018 (LOPDGDD), when the debt is certain, due, and payable and its payment has been previously demanded by the landlord from the tenant, the tenant’s personal data may be reported to said Registry, based on the legitimate interest of preventing fraud or any other civil or criminal offenses. 
•    In the event that the tenant’s default data is entered into the Spanish Bar Association’s Judicial Default Registry at the landlord’s request, the tenant will receive, within a maximum period of one month from the registration of the debt in the Registry, a notification from the Registry’s administrator informing them of the inclusion of their data and of the possibility of exercising the rights set forth in Articles 15 through 22 of Regulation (EU) 2016/679 (GDPR). In any case, the landlord assumes no liability arising from the failure of the Registry’s administrator to provide the aforementioned notice to the tenant-debtor. 

The tenant may obtain further information about the Judicial Delinquency Registry at https://registrodeimpagadosjudiciales.es/condiciones-generales/

18.2.- Electronic notification procedure in the event of non-payment and pre-litigation negotiation.

In compliance with the provisions of Article 6 of Organic Law 1/2025, and for the purpose of documenting negotiation efforts prior to any legal claim, the tenant expressly authorizes the landlord to send an electronic notification via the email address specified in clause fourteen, communicating the binding settlement offer provided for in the aforementioned law.
Such electronic notification shall be deemed authentic and shall serve as sufficient proof that an out-of-court settlement has been attempted in accordance with Article 264.4 of the Civil Procedure Act.

18.3.- Deadline for Accepting the Settlement Offer and Authorization to Initiate Legal Action.

If the tenant does not accept the binding offer of an amicable settlement within one (1) month of receiving the electronic notification, or does not respond within that period, the tenant expressly authorizes the landlord to initiate the appropriate legal proceedings to recover the debt, including eviction proceedings and claims for unpaid rent.
 

APPENDIX I: TERMS OF THE RESIDENTIAL LEASE FOR LEGAL ENTITIES

FIRST: Nature and Applicable Regime

1.1.- Nature.
The lease of the Property is a lease of urban real estate intended for use other than residential.

1.2.- Applicable Legal Regime.

The lease of the Property is subject to the provisions of Law 29/1994, of November 24, on Urban Leases (hereinafter the “LAU”) and, in accordance with Article 4.3 of the LAU, shall be governed by: 

(i)     first, the intentions of the Parties as set forth in this Agreement,

(ii)     secondly, the articles of Title III of the LAU that have not been expressly excluded in this Agreement, and 

(iii)   supplementarily, the provisions of the Spanish Civil Code. The foregoing is without prejudice to the application to the lease of the Property of Titles I and IV of the LAU, which are mandatory.

The Parties expressly exclude the application to the lease of the Property of the following articles of the LAU: 

(i)     Article 30 in conjunction with Articles 19, 21, 22, 23, and 26, and
(ii)     Articles 32, 33, 34, and 35.

SECOND: Purpose

2.1.- By signing this Agreement and pursuant thereto, the Lessor leases the Property to the Lessee, who accepts it, for the price, term, and other conditions set forth in this Agreement, and as a specific property.

2.2.- By signing this Agreement, the Lessee receives the keys and free possession and use of the Property on the Commencement Date as set forth herein, the physical and legal condition and characteristics of which the Lessee declares to be aware of and to accept, having previously inspected them, and deems the Property suitable for the agreed-upon use.

The Tenant shall receive the Property in a condition suitable for use for the purposes of this Agreement, finding it fit for such use, without prejudice to any issues that may arise from defects, deficiencies, or malfunctions in the general utilities connections, supply lines, or structural elements, and, in general, deficiencies not readily apparent to the naked eye.

2.3.- In the event that the leased Property is furnished in accordance with the attached inventory, the Tenant shall be liable for the deterioration of the respective movable property for any damages or losses caused thereto, breakdowns, or defects caused by misuse, negligence, or willful misconduct, in an amount equal to the market value of each damaged item at the time the Tenant reports the damage, breakdown, defect, or harm to the item, or if such damage has not occurred by the end of the contract, when it is discovered by the Landlord after the leased property has been vacated or returned. Said amount must be paid by the Tenant to the Landlord upon the Landlord’s simple request within 3 days of such request; otherwise, it may be deducted from the security deposit and additional guarantee.

THIRD: Permitted Use

3.1.- The Lessee may use the Property for the exercise of any activity consistent with its corporate purpose as of today (the “Permitted Use”), complying under its own responsibility with the legal requirements of such activity. The Lessee is expressly prohibited from using the Property for tourist rental purposes. Any liability or penalty arising from the Lessee’s use or operation of the Property, including any direct or indirect costs, such as damages, shall be the responsibility of the LESSEE. 

In this regard, the Tenant shall use the Property exclusively for the ordinary conduct of its XXXXXX business, while the parking spaces may only be used for parking vehicles.

The Tenant may only use the Property for a purpose other than that described in the preceding paragraph if the Tenant obtains prior written authorization from the Landlord.

3.2.- The Tenant may not use the Property, either in whole or in part, for activities that may be particularly noisy, harmful, foul-smelling, dangerous, or morally offensive; nor may the Tenant conduct any type of auction; nor hold meetings or gatherings for illegal, prohibited, disruptive, or unsanitary activities; nor use the property for activities prohibited by the Bylaws or by resolution of the Homeowners’ Association.

Under no circumstances are parties permitted in the Property, as this constitutes grounds for termination of the contract. Drilling, making holes, bracing, or other similar actions are not permitted on any of the tiled surfaces of the leased dwelling or its outbuildings or annexes. Failure to comply with these conditions constitutes grounds for termination of the contract, without prejudice to liability for damages and corresponding compensation.

The Tenant may not use or designate the Property, either in whole or in part, as a residence or dwelling for any persons, including the Tenant’s employees, whether on a regular, temporary, or even occasional basis.

3.3. The Tenant declares that it has obtained or will obtain, prior to commencing its activities in the Property, and that it will continue to hold, for the duration of the lease, all permits, authorizations, and licenses required by the Spanish authorities, either at the time of execution of the Agreement or in the future (in which case the Tenant undertakes to obtain them within the legally established timeframes for such purposes), in connection with the Tenant’s use of the Property, with the Tenant bearing the cost and risk of obtaining and maintaining such permits, licenses, and authorizations. The Landlord shall provide the Tenant with the documentation in its possession that is necessary for the application for the aforementioned permits, authorizations, and licenses.

The Tenant shall be responsible for complying with the terms of any permits, authorizations, and/or licenses obtained and shall indemnify the Landlord for any damage or loss the Landlord may suffer as a result of the Tenant’s failure to comply with the terms of any permit, license, or authorization or, in general, as a result of any claim affecting the Tenant’s use of the Property.

Under no circumstances shall the Landlord be liable for the total or partial denial, for reasons not attributable to the Landlord, of the aforementioned licenses, authorizations, and permits, and the Tenant hereby waives any right to make a claim against the Landlord in this regard.

3.4.- The Tenant must comply with applicable laws and the rules of the building’s Homeowners’ Association, particularly regarding the use and enjoyment of common areas and services, as well as peaceful coexistence within the Association and prohibited activities.

By this contract, the Tenant is expressly authorized to attend meetings of the homeowners’ association where the possible limitation of the
of the Property, so that the Tenant may vote against such a proposal. For the purpose of obtaining information regarding the scheduling of such meetings, the Tenant is authorized to request information from the relevant property management companies or Homeowners’ Associations regarding the scheduling of such meetings. Therefore, the Tenant may not make any demands or file any claims against the Landlord in the event that any adverse consequences for the Tenant arise from the decisions of the Homeowners’ Association.

3.5.- The Tenant has the right to install in the Property and remove from it any personal property owned by the Tenant in compliance with applicable laws and regulations, subject to the exceptions contained in this Agreement. During the Term, the Tenant shall be responsible for such items, without prejudice to obligations assumed by third parties, and shall hold the Landlord harmless from any direct or indirect damages arising therefrom.

FOURTH: Assignment, Sublease, and Right of First Refusal

4.1.- The Parties agree to exclude the application of Article 32 of the LAU, and therefore the assignment of this Agreement and the total or partial sublease of the Property are prohibited. That is to say, it is expressly established that the Tenant may not assign or sublease the leased Property, in whole or in part, nor may the Tenant transfer or assign to a third party its rights or contractual position under this Agreement, unless the Lessor has given prior written consent.

In general, a change in control, whether direct or indirect, of the Lessee shall be considered an assignment. In particular, the transfer of shares or stock in the Lessee, or in those companies that directly or indirectly control more than fifty percent (50%) of the Lessee, shall be considered a change in control. Conversely, a change in the identity of the Lessee resulting from the merger, spin-off, or reorganization of the Lessee’s company shall not be considered an assignment, provided that it occurs among companies within the Lessee’s group in accordance with the definition set forth in Article 42 of the Commercial Code. 

4.2.- The rights accruing to the Lessee under this Agreement may not be subject to any encumbrance or lien. Any attachment, assignment, or enforcement of any kind regarding the rights arising from this Agreement shall be considered an unauthorized assignment, entitling the Lessor to terminate this Agreement.

4.3.- The Tenant acknowledges and agrees that the Landlord may assign its position as landlord to a third party, under the terms legally applicable.

4.4.- In the event of the sale or transfer of the leased dwelling for any reason, the Tenant hereby expressly waives their right of first refusal under the terms set forth in Article 31 of the LAU, in accordance with the provisions of Article 25 of the same law and Article 31 of the LAU itself.

FIFTH: Term of the Lease. Extension, Termination, and Return of the Property

5.1.- Term.
The Contract shall have an initial term of FIVE (5) years (the “Term”) beginning on the day ___ (hereinafter, the “Commencement Date”), but with a minimum mandatory term (for both Parties) of TWENTY-FOUR (24) months (the “Mandatory Term”) commencing on the date the contract enters into force, that is, as per the commencement date indicated in the main document.

5.2.- The Tenant shall have the option to terminate this Agreement at any time, provided that the Tenant notifies the Landlord in writing of such intent at least NINETY (90) days prior to the intended termination date.

5.3.- If the Lessee exercises this right within the first TWENTY-FOUR (24) months of the Mandatory Term, the Lessee must pay the Lessor the full amount of the remaining rent for the first two (2) annual periods; in this case, furthermore, the Lessee must pay the Lessor in full the rent and the subsidized expenses for the grace periods indicated in the contract. Upon expiration of the mandatory term, either party may terminate the contract with a minimum of NINETY (90) days’ notice to the other party, and there shall be no penalty for the party terminating the contract, without prejudice to any settlements due upon the return of the property and depending on its condition. Upon reaching the end of the fifth year of the contract’s term, it shall be renewed for annual periods until the lease reaches a maximum duration of […] years, unless either party terminates the contract by notifying the other party ninety (90) days in advance.

5.4.- Upon termination of the lease agreement, the Tenant must return the keys to the Landlord and surrender full possession and control of the property, which must be empty, clean, and in the same good condition as when it was received, and the Landlord or a person designated by the Landlord must inspect the property as soon as possible.

5.5.- Failure to comply with the provisions of the preceding section, including any delay in vacating the Property, shall result in compensation payable to the Landlord as a consequence of the Tenant’s improper use of the dwelling. This is expressly agreed upon as a penalty clause in the amount of €150 per day of delay, without the need to prove damages of any kind, AND WHICH SHALL NOT PREJUDICE ANY LEGALLY APPLICABLE COMPENSATION FOR DAMAGES, and the Tenant shall also be obligated to pay the expenses to which they are liable under this Contract, in effect as of the date of its termination, for each month or fraction of a month (in this case, regardless of the number of days) during which the Tenant continues to misuse the dwelling.

SIXTH: Rent, Payment Method, Adjustment, and Consequences of Non-Payment

6.1.- The lease agreed upon in this Agreement shall generate a monthly rent of XXXXX.XX € from the Start Date, which must be paid by the Tenant to the Landlord within the first 7 calendar days of the respective month, plus value-added tax at the statutory rate in effect at any given time. Hereinafter, the “Rent.”

The Rent does not include Property Tax, Vehicle Access Fee, Waste Collection Fee, community fees, general expenses, and utility costs, such as water, electricity, elevator maintenance, and air conditioning (if applicable), nor any other consumption or expenses that must be paid by the Tenant.

6.2.- The rent shall be paid via Direct Debit Authorization or SEPA Mandate, attached as Annex III.

Any modification of the financial institution and bank account designated herein shall have no effect between the parties until the Tenant provides the Landlord with verifiable notice of the intended change, with at least thirty (30) days’ advance notice, indicating the new financial institution with branches in Spain and the replacement checking account. The rent shall not be deemed paid until it is received in the Lessor’s bank account, at which time the corresponding bank entry shall be made.

In the event of a delay in rent payment, the Parties agree to a late payment interest rate equal to the statutory interest rate per day of delay on the amount owed. This interest shall be automatically applicable and due, without the need for any demand by the Landlord.

6.3. Rents shall be automatically adjusted annually, and only upward, in accordance with the increases in the National Consumer Price Index (“CPI”) published by the National Institute of Statistics or any entity that may replace it, during the 12 months preceding the date on which the adjustment takes effect. For these purposes, the adjustment date shall be the date specified in this contract for each respective year. The resulting adjustments under the system described above shall apply cumulatively throughout the term of this contract. The fact that the invoice as of the adjustment date does not indicate the adjustment amount does not constitute a waiver thereof by the Landlord.

Changes in rent resulting from the adjustment agreed upon in this provision shall be incorporated into the contract rent and shall therefore form part of the basis for subsequent adjustments, all in accordance with the provisions of the LAU. In the event that a temporary limitation on the application of the index indicated above has been approved, such limitation shall be respected during the period in which it is in effect, if applicable to the contract.

6.4.- Any delay in the payment of any financial obligations arising from this contract that do not relate to the monthly rent—to which the provisions of section 6.2 above shall apply—shall accrue, without the need for prior demand, default interest in favor of the Landlord equivalent to the statutory interest rate until the date of actual payment of all amounts due.

6.5.- All damages and losses resulting from the failure to pay any amount for which the Tenant is liable shall be borne by the Tenant. The Landlord may pass these amounts on to the Tenant, without the need for prior notice, in the receipt for the following month’s rent, attaching the appropriate supporting documents.

6.6.- Failure to pay and/or delay in payment of rent—whether due to a payment delay exceeding one (1) month, whether consecutive or intermittent—and in the payment of all other amounts due, shall be considered express grounds for termination of this contract, exercisable at the Lessor’s discretion following the first breach. It is expressly agreed that the rent owed, including the late payment interest referred to in section 6.2, once the contract has been terminated, and which remains unpaid, shall accrue annual late payment interest equivalent to the statutory interest rate plus 3 percentage points. All expenses arising from judicial or extrajudicial claims for breach, eviction, termination, claims for payment, and/or compensation for damages arising from the lease shall be borne by the party in default or in breach.

6.7.- Collection costs for returned payments.

The Tenant must pay invoices upon their due date (within the first 7 calendar days of each month in the case of rent invoices). If the Tenant fails to pay their invoice, the Landlord will notify them of the unpaid amount via personalized communication, respecting their privacy at all times. Such communication to the Tenant may be made by telephone call, regular mail, email, or any other electronic means.

The Landlord may charge the Tenant for the actual costs incurred due to the aforementioned non-payment of bills. These costs include those incurred by the Landlord in connection with the steps taken to recover the amounts of the unpaid bills. In addition, the Landlord may charge the Tenant who has set up direct debit for the bills via a SEPA mandate, as collection fees for each unpaid invoice, up to TWENTY-FIVE EUROS (25.00.-€), without prejudice to the Lessor’s right to take other actions, including, but not limited to, the enforcement of the security deposit, additional guarantees, and other existing guarantees in each case, as well as the inclusion, where applicable, of the Lessee’s data in credit and financial solvency databases.

6.8.- Billing.

a)    Rent Billing.

The Lessor shall send the Lessee an invoice, meeting all legally required criteria, for each monthly Rent payment, plus applicable VAT (or any tax that may replace it in the future), no later than the [XXXX] business day of the month in which the corresponding monthly payment is due. The Lessee expressly consents to the Lessor issuing electronic invoices.

b)    Billing of taxes.

When the Lessor includes the payment of taxes (Property Tax, Garbage Collection Fee, etc.) on the invoice in accordance with the provisions of this Agreement, it must identify them as a separate line item for the amount corresponding to such item, plus the applicable VAT (or any tax that may replace it in the future), and shall attach to said invoice a justification of the amount for which payment is requested.

c)    Billing of Property Expenses.

The Lessor may include the payment of Property Expenses in each monthly invoice in accordance with the provisions of this Agreement. To that end, the Lessor must identify such expenses as a separate item from the Rent, adding the applicable VAT (or any tax that may replace it in the future) and taxes, and must attach to said invoice a justification for the amounts requested for payment.

SEVENTH: Payment of common expenses, private expenses, services, and utilities

7.1.- The rent does not include the ordinary common expenses of the dwelling, that is, the utilities or service charges associated with the dwelling and measured by individual meters, which shall be the sole responsibility of the Tenant (electricity, telephone, water, gas, alarm system if any, and any other utilities, as well as other individually identifiable expenses, which shall be the Tenant’s responsibility), and the Tenant must arrange for the transfer of ownership of such services.

7.2.- The Tenant expressly authorizes the Landlord to act on their behalf to transfer the account ownership for:

•    Change of account holder for electricity, individual gas, heating, alarm (if any), and water (in accordance with the authorization attached as ANNEX II)

This service will incur an additional cost of NINETY EUROS (€90.00) + VAT, ONE HUNDRED AND EIGHT EUROS AND NINETY CENTS INCLUDING VAT (€108.90). This amount must be paid at the time of signing this lease agreement and is an essential element for the execution and effectiveness of this document. Payment account number:

IBAN: xxxxxxxxxxxxxxxxxxxxxx

Reference: Apartment code – Change of utility account holder

7.3.- The Tenant shall be responsible for the installation, maintenance, repair, and replacement of the respective meters and other necessary elements of the utilities in accordance with the conditions required at any given time by the utility providers

7.4.- The Landlord assumes no liability whatsoever for any interruptions that may occur in any of the aforementioned services (elevator, electricity, water, television, etc.) when such interruptions are caused by circumstances beyond the Landlord’s control, nor shall the Landlord be obligated to make any rent deductions due to such interruptions.

7.5.- It is expressly stated that upon termination of the Lease Agreement and in order to deliver the property free of encumbrances or contractual obligations regarding utilities that may affect subsequent leases by a new tenant, the current Tenant must provide the Landlord with the corresponding supporting documents issued by each of the utility companies, certifying that the Tenant is up to date with payments for the utilities affecting the property and, where applicable, the corresponding certification of the cancellation of such contracts.

In the event that the Tenant fails to provide the Landlord with the documents referred to in the preceding paragraph within ten (10) days (counting from the handover of the keys to the leased property), the Parties mutually agree to a penalty of 150 euros per utility, which shall be automatically incurred in the event of the Tenant’s failure to comply with this obligation, without the need for any formal notice to that effect from the Landlord.

The Tenant is also obligated to cancel these services once the term of the contract or any of its extensions has expired, if so requested by the Landlord.

7.6.- Condominium Fees.

The Tenant shall be responsible for the expenses related to the homeowners’ association, as well as the Property Tax (“IBI”) on the dwelling, in proportion to the length of time the Tenant occupies the dwelling.
The aforementioned amounts will be charged to the Tenant on the rent invoice, increasing the rent by the respective amount. Notwithstanding the foregoing, the Landlord grants the Tenant a grace period of THREE years from the signing of this Contract for the payment of homeowners’ association fees and the IBI; therefore, the Tenant shall begin paying the homeowners’ association fees and the IBI as of the first day of the fourth year of the contract. If the Tenant withdraws during the first TWENTY-FOUR (24) months of the Mandatory Term of this Agreement, the Tenant must pay the Landlord in full the homeowners’ association fees and property tax (IBI) from which the Tenant benefited during the grace period provided for in this paragraph, as well as the homeowners’ association fees and property tax (IBI) up to the end of the first TWENTY-FOUR (24) months.

7.7.- The Landlord does not accept or assume any liability, nor shall it be obligated to make any rent reductions, nor may the Tenant terminate this Agreement due to any interruptions or outages that may occur in any of the utilities and general or individual services of the dwelling, provided such interruptions or outages are not caused by reasons attributable to the Landlord.

7.8.- In the event that the Tenant has a security alarm installed in the dwelling, the Tenant agrees to deactivate it within the SEVEN (7) days prior to the end of the lease and will cooperate with the Landlord to facilitate the installation of the new alarm. In any case, the Tenant is responsible for returning the alarm to the security company that owns it.

EIGHTH: Other Expenses and Taxes

8.1.- In the event that the Tenant wishes to register the lease of the dwelling, all notary and registration fees arising from the notarization of this contract (or its execution in a public deed), its registration, if applicable, in the Property Registry, and its cancellation, shall be borne by the party requesting such registration.
If the contract has been registered in the Property Registry at the Tenant’s request, the Tenant is obligated, at their own expense, to cancel said registration together with the Landlord upon termination of the contract.

8.2.- Taxes.

All municipal taxes shall be borne by the Lessee that:

•    are levied on the use and operation of the Property and for which the Tenant is liable in their capacity as user or occupant thereof (garbage collection fees, vehicle access fees); and
•    are levied on the ownership and possession of the Property, even if the Lessor is the taxpayer thereof.

Expressly excluded are the Lessor’s corporate income tax or other taxes that, now or in the future, are levied on the Lessor’s profits in relation to the Property, or those linked to the business operation of the Property, which shall be borne by and be the sole responsibility of the Lessor.

With regard to Property Tax, once paid by the Lessor, the Lessor shall pass it on to the Lessee, increased by the tax as established by the regulations in force at any given time.

With respect to taxes whose period exceeds that of the lease, the Lessee shall pay only the proportional portion thereof corresponding to it based on the lease’s termination date, that is, on a pro rata temporis basis.

The Lessee shall not be liable for, nor shall it reimburse the Lessor for, any interest, fines, penalties, or surcharges that may be imposed on the Lessor by any public administration body due to the Lessor’s delay in paying taxes or failure to fulfill its obligations as a taxpayer.
The waste/garbage fee or similar or analogous taxes shall be borne by the Lessee, and the Lessor shall re-invoice them to the Lessee, who must pay them either by direct debit, or by deposit into an account or transfer, at the Lessor’s discretion.

8.3.- Value Added Tax (VAT).

The Rent for the Property, as provided for in this Contract, shall be increased by the Value Added Tax at the rate applicable at any given time.

NINTH: Repairs and Renovations

9.1.- Work to be Performed by the Tenant.

The Tenant may not carry out any work on the Property that:

(i)    require the issuance of a major construction permit by the authorities; or

(ii)    affect the structure,

(iii)    affect common elements or the safety and stability of the building.

without obtaining the prior, express, and written consent of the Landlord, which may not be unreasonably withheld. The Landlord must respond to the Tenant’s proposal (accepting or rejecting it) within THIRTY (30) days from the date the proposal is submitted to the Landlord, unless additional information is reasonably required, in which case such period shall be suspended until the information is provided. If no response is received from the Landlord within the aforementioned period, as applicable, consent shall not be deemed granted.

In the case of renovations that do not fall under the circumstances described in the preceding paragraph, the Tenant shall notify the Landlord of such renovations once they are completed, but shall not require specific permission or consent from the Landlord.

It is prohibited to drill holes in kitchen and bathroom walls, floors, doors (including those of the cabinets provided with the Property), or built-in shelving, as well as to place flower pots on wooden or porous floors within the dwelling, in order to prevent damage caused by moisture.

The Landlord is authorized to enter the Property at any time, provided at least two calendar days’ notice is given, for the purpose of inspecting its condition and verifying whether any unauthorized construction work has been carried out.

Violation of this clause shall constitute grounds for termination of this contract. The Landlord may demand that the property be restored to its previous condition and may claim the corresponding compensation.
Any modifications made by the Tenant shall remain for the benefit of the property upon termination of this contract, without any compensation to either party.

9.2.- Repairs to be Performed by the Landlord.

The Landlord shall only be obligated to undertake the repairs necessary to maintain the Property in a condition suitable for its intended use, excluding those resulting from the actions of the Tenant and/or third parties and/or the normal use of the Property. 

In the event of urgent repair work, the Tenant shall immediately notify the Landlord, who undertakes to repair it with the utmost urgency. If, after five (5) business days, it has not been repaired, the Tenant may carry out the repair themselves, provided it does not affect common areas, with the cost thereof being deducted, upon presentation of proof thereof via the appropriate invoice sent to the Landlord, from the Rent due in the following month, or, where applicable, added to the amount to be refunded by the Landlord as a security deposit at the end of the lease, based on what the parties agree upon at the time, always in accordance with the provisions herein.

9.3.- In accordance with Article 19.4 of the LAU, at any time from the effective date of this lease agreement and subject to prior agreement between the Landlord and the Tenant, improvement work may be carried out on the leased Property and the rent under the agreement may be increased.

9.4.- The Tenant shall be responsible for the routine maintenance and repair of the Property (damage resulting from normal wear and tear of the apartment). Consequently, the Tenant agrees to perform and pay in full for routine maintenance and minor repairs. For example, replacement of light bulbs, general maintenance of appliances, replacement of small appliances and kitchenware, routine plumbing work, maintenance of air conditioning/heating systems, painting, preventive maintenance, as well as repairs related to negligent use by the Tenant.

9.5. The Landlord shall be responsible for the maintenance and major repairs of the Property, its structural elements, and its general facilities, including the HVAC system (repairs resulting from structural problems and abnormal wear and tear of the apartment). Consequently, the Landlord agrees to perform and pay in full for any extraordinary work, repairs, and/or replacements necessary to restore any element of the Apartments to proper working order, including the replacement of damaged parts or entire components, except in cases where such work and actions are necessary due to damage caused by the Tenant.

TENTH: Security Deposit, Additional Guarantee, and Insurance.

10.1.- The security deposit for this lease, that is, the sum equivalent to two (2) months’ average rent for the first five (5) years of this Contract’s term, amounts to xxxxxxxx EUROS (xxxxxxx.-€) (the “Security Deposit”). This security deposit shall serve as a security deposit during the term of the lease and shall be returned to the Tenant if, at the end of the lease term, the Tenant is up to date with payments and the property has been maintained and returned in perfect condition.
The aforementioned security deposit must be paid to the Landlord via bank transfer to the bank account with the following IBAN: xxxxxxxxxxxxxxxxx, as described on the second page of the contract.
Within a maximum period of one (1) month from the date of signing this Contract, the Lessor shall deposit an amount equivalent to two (2) months’ rent for the first year of the Contract with the appropriate public agency or include it in any agreement subsequently entered into for the deposit of the Security Deposit.

10.2.- Furthermore, as an additional security deposit, the Tenant shall also pay, upon signing this lease agreement, the amount of xxxxxxx EUROS (xxxx.00€). The additional security deposit shall be returned to the Tenant if, at the end of the lease term, the Tenant is up to date with payments and the property has been returned in perfect condition.

Both the legal security deposit and the additional guarantee are established as security for the Tenant’s legal and contractual obligations. The Landlord agrees to deposit the legal security deposit in accordance with applicable regional regulations. Like the security deposit, the additional guarantee must be paid to the Landlord via bank transfer to the bank account with IBAN: xxxxxxxxxxx.

10.3.- The existence of the security deposit and additional guarantee shall never serve as a pretext for delaying payment of the rent or any other amounts that the Tenant has agreed to pay.

10.4.- In the event that the damage caused to the property or the amount due for taxes, expenses, services, or utilities payable by the Tenant exceeds, upon quantification, the security deposit paid, and the additional guarantee provided, the Tenant shall be obligated to pay the necessary amounts until full payment of the aforementioned items, it being understood that the amount of the security deposit and additional guarantee does not limit the Tenant’s liability for these items or for any potential compensation for damages.

10.5.- HOME INSURANCE: The Tenant agrees to take out home insurance valid for the entire term of the lease agreement, to cover liability for damages to third parties and, likewise, to cover the contents of the leased property up to a value of €10,000 for coverage of incidents including water damage, fire, or electrical damage, which must take effect from the date of execution of the lease agreement

The Tenant hereby authorizes, pursuant to this clause, the Landlord to take out, in the Tenant’s name—with the Tenant as the policyholder and insured party—home insurance for the entire duration of the lease and any extensions, which shall include civil liability and damages that may be caused to the property, covering the contents of the leased property up to a value of €10,000€ for coverage of incidents including water damage, fire, or electrical damage, without prejudice to the Tenant’s liability for damages caused by misuse of the leased property, with the cost of this insurance and its renewals to be borne by the Tenant, who hereby expressly authorizes such charges to be debited from the same account where the rent payment is automatically deducted. For this procedure, the Tenant must provide all documentation required to arrange the insurance. Once the contract with the insurance company has been signed, the Landlord will provide a copy of it to the Tenant.
The account number provided by the Tenant for the deduction of the rent premium is in IBAN format: xxxxxxxxxxxxx

Failure by the Tenant to pay the premium is considered a material breach and grounds for termination; without prejudice to the Landlord’s right to terminate the lease, the Landlord may offset the outstanding amount against the security deposit and/or additional guarantee. If the Tenant terminates the lease prior to the end of the insurance coverage period, no prorated refund of the premium will be issued.

ELEVENTH: Obligations of the Tenant.

11.1.- The Tenant further undertakes jointly and severally to:

a)    Pay the Rent, any legal and/or contractual increases, and the agreed-upon expenses and services as provided, including the security deposit and additional guarantee.

b)    Pay for repairs to damage caused to the dwelling due to the Tenant’s fault or negligence. Minor repairs required due to normal wear and tear from the ordinary use of the dwelling shall be the Tenant’s responsibility.

c)    Not to assign, transfer, or sublet the dwelling that is the subject of this contract, either in whole or in part, nor to use the dwelling, in whole or in part, for lodging or any other purpose covered herein, without the prior, express, and written consent of the Landlord.

d)    To notify the Landlord as soon as possible of the need to carry out repairs necessary to maintain the dwelling in habitable condition.

e)    To vacate the property subject to this lease in perfect condition on the date of termination of this contract.

f)    Comply with the rules in force in the homeowners’ association bylaws and those contained in the current Condominium Law, undertaking in particular not to disrupt the normal functioning of the homeowners’ association or the daily lives of the neighbors in the dwelling.

g)    The Tenant must allow the Landlord’s technicians access to the property to inspect its condition and verify compliance with legal and contractual obligations. The Landlord shall notify the Tenant 2 calendar days in advance so that the visit may take place on a date and time agreed upon by the parties, causing the least possible inconvenience and disruption to the Tenant. Such visit shall not infringe upon the Tenant’s privacy; it shall be exclusively for the purpose of verifying the condition of the dwelling and the property leased with it.

h)    To respect and comply with all other legal and contractual obligations set forth in this contract and in applicable law.

11.2.- Any breach of these obligations, as verified by the Landlord, shall constitute grounds for termination of the contract, as shall the other grounds for termination provided for by law or in this contract.

TWELFTH: Termination of the contract.

12.1.- This contract shall terminate upon the expiration of the fixed term. In this case, neither party shall be entitled to claim any compensation from the other party for this reason.

12.2.- It may also be terminated early, at the request of either party and upon providing written notice to that effect to the other party, if the other party breaches any of the obligations assumed in this contract.

In particular, the parties expressly agree that failure to pay any monthly rent installment, or any amounts that the Tenant is obligated to pay under this contract, shall constitute grounds for termination of the contract.

In this case, the party that has fulfilled its obligations may choose between (i) demanding performance of the obligation, or (ii) seeking termination of the contract, in which case the defaulting party must pay all outstanding amounts that may give rise to the termination. Furthermore, in both cases, the non-defaulting party may also claim compensation for damages. In the event that the Landlord seeks termination of the lease agreement due to the Tenant’s breach of essential obligations, namely: (i) paying the Rent and other amounts due, and (ii) maintaining the dwelling in good condition. The Landlord shall also be entitled to claim, as compensation for damages, the amount corresponding to the rent outstanding from the date of termination until the expiration date of the lease, as per the Second Clause above.

THIRTEENTH: Grounds for termination of the contract.

13.1.- Any breach, for any reason, of the obligations arising from this lease agreement shall entitle the party that has fulfilled its obligations to demand performance of the obligation or to seek termination of the lease agreement in accordance with the provisions of Article 1,124 of the Civil Code. Likewise, the Parties may terminate the lease agreement as of right in the cases provided for in Article 27 of the Urban Lease Law and in the event of a breach of the obligations agreed upon in this lease agreement, where such breach is expressly provided to be grounds for termination.

By way of example and without limitation, the Landlord may terminate this lease agreement as of right for the following reasons:

•    Engagement by the Tenant in activities that are disruptive, unsanitary, harmful, dangerous, or illegal within the leased property.
•    Engaging in activities for tourist use in the Property.
•    Engaging in activities not permitted by the bylaws or as agreed upon by the Owners’ Association.
•    Intentional damage or unauthorized construction work in the dwelling by the Tenant, as well as any other action that affects or alters the structure of any part of the building.
•    Furthermore, the Tenant agrees not to engage in any acts that could invalidate the general insurance policy covering the property and the building in which it is located.
•    Failure to pay rent and other amounts that the Tenant has agreed to pay or is obligated to pay under the contract.
•    Unauthorized assignment or subletting.

ARTICLE 14: Notifications

14.1.- For the purpose of receiving any notification related to the rights and obligations recognized in this contract, the following email addresses are designated:

Landlord: xxxxxxxxxxxxxxx Tenant: xxxxxxxxxxxx

and the following addresses:

Landlord: xxxxxxxxxxxxxx Street Tenant: xxxxxxxxxx

14.2.- Communications shall preferably be made via electronic means, and in the event of impossibility or failure of the electronic service, by regular mail via certified fax.

FIFTEENTH. Jurisdiction

15.1.- The courts and tribunals where the leased property is located shall have jurisdiction over the resolution of any dispute that may arise from the interpretation and/or performance of this contract.

SIXTEENTH: Consumer Rights

16.1.- The Parties declare that this contract has been entered into by mutual agreement in accordance with applicable regulations for the protection of consumers and users, and none of its provisions may be considered an imposition, waiver, or limitation.

SEVENTEENTH: Data Protection and Inclusion of Debt Default Data in Credit Bureaus.

17.1.- In compliance with General Data Protection Regulation (EU) 2016/279 and Organic Law 3/2018 of December 5 on the Protection of Personal Data and Guarantee of Digital Rights, the Tenant is hereby informed that the personal data provided to the Landlord will be processed by the Landlord in full compliance with the aforementioned legislation and any applicable laws in force, for the sole purpose of managing the residential lease agreement and based on the performance of said contractual relationship.

In this regard, the Landlord will not disclose to third parties, without the prior consent of the data subject, the personal data provided by the Tenant for the purpose of formalizing this contractual relationship, except when strictly necessary for the fulfillment of the legal and contractual obligations arising from this contract, without prejudice to the fact that the Landlord’s administrative service providers may have access to the Tenant’s personal data for the provision of such services.

The Lessor will retain the Lessee’s personal data for the duration of the contractual relationship, and will subsequently retain such data, duly and appropriately blocked, for the statute of limitations period applicable to any actions that may be brought in accordance with applicable civil law.

Finally, the Tenant is hereby informed that they may exercise their rights of access, rectification, erasure, or the right to be forgotten, the right to data portability, the right to restrict the processing of their personal data, the right to object, and to withdraw the consent provided, by contacting the Lessor at the address indicated in the header of this contract, duly proving their identity, or by sending an email to the address: dpo@clikalia.com. All of the foregoing is without prejudice to the Tenant’s right to exercise their rights by filing a complaint with the Spanish Data Protection Agency as they deem appropriate.

The data controller informs you that, for the purposes of processing, it uses information systems (Microsoft 365 Online Services), whose operators may be located in countries whose legislation is not equivalent, which may involve potential international data transfers.  Additionally, customer service is provided through software from Zendesk, Inc., a company adhering to the Data Privacy Framework Adequacy Decision, which permits the flow of European citizens’ data to the U.S. and will involve an international data transfer.

You may inquire about potential international data transfers by emailing dpo@clikalia.com. These international data transfers are necessary for the provision of the requested services. 

17.2.- The Lessor informs the Lessee that in the event of non-payment of amounts for which the Lessee is liable, regardless of the amount or cumulative total, under this contract, their personal data may be transferred to a national or international credit default database, as determined by the Lessor, based on the legitimate interest of preventing fraud or any other civil or criminal offenses, such as Equifax-ASNEF/RAI/CCI/RIJ/BADEXCUG-Experian.

17.3.- In the event that the Lessee’s default data is included, at the Lessor’s request, in a negative credit registry, the Lessee shall receive, within a maximum of one month from the recording of the debt in the registry, a notification from the controller of the registry in question informing them of the inclusion of their personal data therein, and advising them of the possibility of exercising the rights set forth in Articles 15 through 22 of the General Data Protection Regulation (EU) 2016/679.

In any case, the Landlord assumes no liability arising from the failure of the owner of the relevant database to provide the aforementioned notification to the Tenant in default.

17.4.- Sending of proprietary commercial communications.

In accordance with the provisions of the second paragraph of Article 21 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we also request the express consent of the tenants to authorize us to send commercial communications and advertising regarding our products or promotions that we believe may be of interest to them, based on the products or services that were the subject of the contract, via email or any other equivalent electronic means of communication. Consequently, the Tenant chooses:

□     I have read and accept the processing of my personal data, including the sharing of such data with other companies in the CLIKALIA group, in order to receive advertising and/or commercial or promotional communications, including via electronic means.

We inform you that you may revoke your consent to receive advertising and/or commercial communications at any time by sending an email to the following email address: dpo@clikalia.com.

17.5.- Direct Debit Mandate (SEPA).

In accordance with and in compliance with the provisions of the General Data Protection Regulation (EU) 2016/279 and Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights, the Landlord hereby informs the Tenant that their personal data will also be processed in accordance with the aforementioned legislation, for the purpose of managing the collection of monthly rent payments and expenses arising from the lease of the property covered by this contract. For this purpose, their data will be transferred solely and exclusively for the purpose of managing the aforementioned collections.

In any case, the Tenant is hereby informed that they may exercise all the rights to which they are entitled and which have been set forth in the first paragraph of this Clause.
Consequently, the Tenant hereby states that:

□     I SPECIFICALLY, UNEQUIVOCALLY, FREELY, AND IN A WELL-INFORMED MANNER CONSENT AND AUTHORIZE the Landlord to collect, process, store, and transfer my personal data to third parties for the purpose of managing the collection of monthly rent payments as they become due, as well as any expenses related to the property covered by this contract that have been agreed to be the responsibility of the Tenant.

17.6.- Transfer of data to the homeowners’ association.

The Tenant authorizes the Landlord to transfer their personal data to the relevant homeowners’ association for the purpose of maintaining direct contact with the Tenant regarding general expenses, utilities, and community fees in general:

□     I SPECIFICALLY, UNEQUIVOCALLY, FREELY, AND IN A WELL-INFORMED MANNER CONSENT AND AUTHORIZE the Landlord to process and transfer my personal data to the relevant homeowners’ association, so that the latter may communicate directly with the Tenant regarding all matters pertaining to general expenses, utilities, and homeowners’ association fees that are the Tenant’s responsibility.

EIGHTEENTH. Prevention of Money Laundering and Terrorist Financing

18.1.- Prevention of Money Laundering and Terrorist Financing:

Within the framework of the establishment of the contractual relationship, if applicable, the Tenant shall provide the Landlord, at least 48 hours prior to the date of signing the lease agreement, in a truthful and complete manner, all information and documentation necessary and required so that the Lessor may comply with its obligations under Law 10/2010 of April 28 and other regulations governing the prevention of money laundering and the financing of terrorism, and expressly authorizes the Lessor to carry out any verification updates it deems appropriate for this purpose.

The Lessor’s failure to obtain the information and documentation required by the internal policies established to comply with the law shall be sufficient grounds for the Lessor to be authorized to NOT PROCEED WITH THE VALIDATION OF THE POTENTIAL TENANT or, where applicable, to terminate the contractual relationship with the tenant if it has already been entered into.

18.2.- The Tenant accepts and declares that they have read and understood the terms and conditions set forth above.

NINETEENTH

19.1.- Information regarding inquiries and inclusion in the judicial delinquency registry.

•    During the term of this contract, the Landlord may check the Tenant’s status in the Spanish Bar Association’s Judicial Defaulters Registry to verify the Tenant’s creditworthiness and compliance with financial obligations. This registry contains information regarding certain, past-due, and enforceable debts of no less than €50, the existence or amount of which has not been the subject of an administrative or judicial claim by the debtor or through a binding alternative dispute resolution procedure between the parties. The legal basis for this inquiry is the landlord’s legitimate interest, which arises when a contractual relationship exists with the party in question that involves the payment of a monetary amount. 

•    In the event of non-payment of amounts by the tenant as a result of this contract and in accordance with Article 20 of Organic Law 3/2018 (LOPDGDD), when the debt is certain, due, and payable and its payment has been previously demanded by the landlord from the tenant, the tenant’s personal data may be reported to said Registry, based on the legitimate interest of preventing fraud or any other civil or criminal offenses. 

•    In the event that the tenant’s default data is entered into the Spanish Bar Association’s Judicial Default Registry at the landlord’s request, the tenant will receive, within a maximum period of one month from the registration of the debt in the Registry, a notification from the Registry’s administrator informing them of the inclusion of their data and of the possibility of exercising the rights set forth in Articles 15 through 22 of Regulation (EU) 2016/679 (GDPR). In any case, the landlord assumes no liability arising from the failure of the Registry’s administrator to provide the aforementioned notice to the tenant-debtor. 

The tenant may obtain further information about the Registry of Judicial Debts at https://registrodeimpagadosjudiciales.es/condiciones-generales/

19.2.- Electronic notification procedure in the event of non-payment and pre-litigation negotiation.
In compliance with the provisions of Article 6 of Organic Law 1/2025, and for the purpose of documenting negotiation efforts prior to any legal claim, the tenant expressly authorizes the landlord to send an electronic notification via the email address specified in clause fourteen, communicating the binding settlement offer provided for in the aforementioned law.
Such electronic notification shall be deemed authentic and shall serve as sufficient proof that an out-of-court settlement has been attempted in accordance with Article 264.4 of the Civil Procedure Act.

19.3.- Deadline for Accepting the Settlement Offer and Authorization to Initiate Legal Action.
If the tenant does not accept the binding offer of an amicable settlement within one (1) month of receiving the electronic notification, or does not respond within that period, the tenant expressly authorizes the landlord to initiate the appropriate legal proceedings to recover the debt, including eviction proceedings and claims for unpaid rent.
 

ANNEX I: TERMS OF THE RESIDENTIAL LEASE BY A LEGAL ENTITY INTENDED TO MEET THE HOUSING NEEDS OF THE MANAGER OR AN EMPLOYEE

FIRST. The Parties have agreed to formalize the contract regarding the Property subject to the clauses set forth in Annex I attached to this contract. 

It is also noted that the tenant is a legal entity and, as such, a lease for use as a primary residence cannot be entered into directly with it, since the subjective scope of Article 2 of Law 29/1994, of November 24, on Urban Leases (hereinafter the “LAU”) refers to satisfying the tenant’s need for permanent housing, which is limited to natural persons, given that legal entities cannot reside in a dwelling. Notwithstanding the foregoing, the end user of the Property shall be, as declared by the tenant company under its own responsibility, natural persons dependent on it, for the purpose of using it as their primary residence without the tenant party exploiting the Property for economic gain. Specifically, the employees for whose benefit the tenant is renting the property are xxxxxxxxxxxxxxxxx. 

For this reason, the lessee expressly states that it is acting in the course of its business, regardless of whether the property is used as the primary residence of the natural persons identified specifically as the end users of the property, for the purpose of ensuring that the lease is subject to and exempt from VAT.

FIRST: Nature and Applicable Regime

1.1.- Nature. 

The lease of the Property is a lease of urban real estate intended for use other than residential, unless it is to be used to satisfy the primary residence needs of the individual for whose benefit the Lessee is leasing the Property.

1.2.- Applicable Regime. 

The lease of the Property is subject to the LAU in accordance with Article 4.3 of the LAU and shall be governed by: (i) first, the intent of the Parties as set forth in this Agreement, (ii) secondly, the articles of Title III of the LAU that have not been expressly excluded in this Agreement, and (iii) subsidiarily, the provisions of the Spanish Civil Code. The foregoing is without prejudice to the application to the lease of the Property of Titles I and IV of the LAU, which are mandatory.  

The Parties expressly exclude the application to the lease of the Property of the following articles of the LAU: (i) Article 30 in relation to Articles 19, 21, 22, 23, and 26, and (ii) Articles 32, 33, 34, and 35.

SECOND: Purpose

2.1.- By signing this Agreement and pursuant thereto, the Lessor leases the Property to the Lessee, who accepts it, for the price, term, and other conditions set forth in this Agreement, and as a specific property.

2.2.- By signing this Agreement, the Lessee receives the keys and free possession and use of the Property on the Commencement Date as set forth herein, the physical and legal condition and characteristics of which the Lessee declares to be aware of and to accept, having previously inspected them, and deems the Property suitable for the agreed-upon use.

The Tenant shall receive the Property in a condition suitable for use for the purposes of this Agreement, finding it suitable for the use and purpose set forth and described in the following Third Clause, without prejudice to any issues that may arise from defects, deficiencies, or malfunctions in the general utility connections, supply lines, or structural elements, and, in general, deficiencies that are not apparent to the naked eye.

2.3.- In the event that the leased Property is furnished in accordance with the attached inventory, the Tenant shall be liable for the deterioration of the respective movable property for any damages or losses caused thereto, breakdowns, or defects caused by misuse, negligence, or willful misconduct, in an amount equal to the market value of each damaged item at the time the Tenant reports the damage, breakdown, defect, or harm to the item, or if such damage has not occurred by the end of the contract, when it is discovered by the Landlord after the leased property has been vacated or returned. Said amount must be paid by the Tenant to the Landlord upon the Landlord’s simple request within 3 days of such request; otherwise, it may be deducted from the security deposit and additional guarantee.

THIRD: Intended Use and Permitted Use

3.1.- The Lessee shall, under its own responsibility, use the Property to meet the housing needs of its employee, executive, or member of its respective board of directors, provided that such person is employed by the Lessee company, insofar as they maintain an employment relationship, senior management position, administrative role, or position as a member of the Board of Directors (the “Permitted Use”)
It is expressly agreed that the Lessee shall not be permitted to use the dwelling for any purpose other than residential use by the person expressly designated as the beneficiary; in particular, the transfer or sublease of the Property to third parties is prohibited, as the dwelling is not intended for or used in the exercise or conduct of a business or professional activity under the terms set forth in Article 32 of the LAU. 

The Tenant is expressly prohibited from using the Property for tourist rental purposes. Any liability or penalty arising from the Tenant’s use of the Property, including any direct or indirect costs, such as damages, shall be the responsibility of the Tenant.

In this regard, the Property shall be used by the Tenant exclusively to meet the housing needs of the employees referenced in the preamble of the Contract, while parking spaces, if applicable, may only be used for parking vehicles. The Tenant may only use the Property for a purpose other than that described in the preceding paragraph if the Tenant obtains prior written authorization from the Landlord.

3.2.- The Tenant may not use the Property, either in whole or in part, for activities that may be particularly noisy, harmful, foul-smelling, dangerous, or morally offensive; nor may the Tenant hold any type of auction; nor may the Tenant hold meetings or gatherings for illegal, prohibited, disruptive, or unsanitary activities; nor use the Property for activities prohibited by the Bylaws or by resolution of the Homeowners’ Association. Under no circumstances are parties permitted in the Property, as this constitutes grounds for termination of the contract. Drilling, making holes, bracing, or other similar actions are not permitted on any of the tiled surfaces of the leased dwelling or its outbuildings or annexes.

Failure to comply with these conditions constitutes grounds for termination of the contract, without prejudice to liability for damages and corresponding compensation

3.3.- The Tenant must comply with current laws and the rules of the building’s Owners’ Association, particularly regarding the use and enjoyment of common elements and services , as well as regarding peaceful coexistence within the community and prohibited activities.

3.4.- The Tenant has the right to install in the Property and remove from it any personal property owned by them in compliance with applicable laws and regulations, subject to the exceptions contained in this Agreement. During the Term, the Tenant shall be responsible for such items, without prejudice to obligations assumed by third parties, and shall hold the Landlord harmless from any direct or indirect damages arising therefrom.

FOURTH: Assignment, Sublease, and Right of First Refusal

4.1.- The Parties agree to exclude the application of Article 32 of the LAU, whereby the assignment of this Agreement and the total or partial sublease of the Property are prohibited, except for the specific purpose already specified. That is to say, it is expressly established that the Tenant may not assign or sublease the leased Property, in whole or in part, nor may the Tenant transfer or assign to a third party its rights or contractual position under this Agreement, unless the Lessor has given prior written consent. 
In general, a change in control, whether direct or indirect, of the Lessee shall be considered an assignment. In particular, the transfer of shares or stock in the Lessee, or in those companies that directly or indirectly control more than fifty percent (50%) of the Lessee, shall be considered a change in control. Conversely, a change in the identity of the Lessee resulting from the merger, spin-off, or reorganization of the Lessee’s company shall not be considered an assignment, provided that it occurs among companies within the Lessee’s group as defined in Article 42 of the Commercial Code. 

4.2.- The rights accruing to the Lessee under this Agreement may not be subject to any encumbrance or lien. Any attachment, assignment, or enforcement of any kind regarding the rights arising from this Agreement shall be deemed an unauthorized assignment, entitling the Lessor to terminate this Agreement.

4.3.- The Tenant acknowledges and agrees that the Landlord may assign its position as Landlord to a third party, under the terms legally applicable.

4.4.- In the event of the sale or transfer of the leased Property for any reason, the Tenant hereby expressly waives their right of first refusal under the terms set forth in Article 31 of the LAU, in accordance with the provisions of Article 25 of the same law and Article 31 of the LAU itself.

FIFTH: Term of the Lease. Extension, Termination, and Return of the Premises

5.1.- Term. 

The Contract shall have an initial term of FIVE (5) years (the “Term”) from the date of ___ (hereinafter, the “Commencement Date”), but with a minimum mandatory term (for both Parties) of TWENTY-FOUR (24) months (the “Mandatory Term”) commencing on the date the contract enters into force, that is, as per the commencement date indicated in the main document.

5.2.- The Tenant shall have the option to terminate this Agreement at any time, provided that the Tenant notifies the Landlord in writing of such intent at least NINETY (90) days prior to the intended termination date.

5.3.- If the Lessee exercises this right within the first TWENTY-FOUR (24) months of the Mandatory Term, the Lessee must pay the Lessor the full amount of the remaining rent for the first two (2) annual periods; in this case, furthermore, the Lessee must pay the Lessor in full the rent and the subsidized expenses for the grace periods indicated in the contract. Upon expiration of the mandatory term, either party may terminate the contract with a minimum of NINETY (90) days’ notice to the other party, and there shall be no penalty for the party terminating the contract, without prejudice to any settlements due upon the return of the property and depending on its condition. Upon reaching the end of the fifth year of the contract’s term, it shall be renewed for annual periods until the lease reaches a maximum duration of […] years, unless either party terminates the contract by notifying the other party ninety (90) days in advance.

5.4.- Upon termination of the lease agreement, the Tenant must return the keys to the Landlord and surrender full possession and control of the property, which must be empty,   clean, and in the same good condition as when it was received, and the Landlord or a person designated by the Landlord shall inspect the property as soon as possible.

5.5.- Failure to comply with the provisions of the preceding section, including any delay in vacating the Property, shall result in compensation payable to the Landlord as a consequence of the Tenant’s improper use of the dwelling. This is expressly agreed upon as a penalty clause in the amount of €150 per day of delay, without the need to prove damages of any kind, AND WHICH SHALL NOT PREJUDICE ANY LEGALLY APPLICABLE COMPENSATION FOR DAMAGES, and the Tenant shall also be obligated to pay the expenses to which they are liable under this Contract, in effect as of the date of its termination, for each month or fraction of a month (in this case, regardless of the number of days) during which the Tenant continues to misuse the dwelling.

SIXTH: Rent, Payment Method, Adjustment, and Consequences of Non-Payment

6.1.- The lease agreed upon in this Agreement shall generate a monthly rent of XXXXX.XX € from the Commencement Date, which shall be paid by the Tenant to the Landlord within the first 7 calendar days of the respective month, plus value-added tax at the statutory rate in effect at any given time. Hereinafter, the “Rent.”

The Rent does not include Property Tax, Vehicle Access Fee, Waste Collection Fee, community fees, general expenses, and utility costs, such as water, electricity, elevator maintenance, and air conditioning (if applicable), nor any other consumption or expenses that must be paid by the Tenant. 

6.2.- The rent shall be paid via Direct Debit Authorization or SEPA Mandate, attached as Annex III. 

Any modification of the financial institution and bank account designated herein shall have no effect between the parties until the Tenant provides the Landlord with verifiable notice of the intended change, with at least thirty (30) days’ advance notice, indicating the new financial institution with branches in Spain and the replacement checking account. The rent shall not be deemed paid until it is received in the Lessor’s bank account, at which time the corresponding bank entry shall be made. 

In the event of a delay in rent payment, the Parties agree to a late payment interest rate per day of delay on the amount owed, at the statutory rate. This interest shall be automatically applicable and due, without the need for any demand by the Landlord. 

6.3.- Rent shall be reviewed annually and automatically, and only upward, in accordance with increases in the National Version of the General Consumer Price Index (“CPI”) published by the National Institute of Statistics or the entity that replaces it, during the 12 months preceding the date on which the adjustment takes effect. For these purposes, the adjustment date shall be the date indicated in this contract for each respective year. The resulting adjustments under the system described above shall apply cumulatively during the term of this contract. The fact that the adjustment amount is not indicated on the invoice as of the adjustment date does not constitute a waiver thereof by the Landlord.

Changes in rent resulting from the adjustment agreed upon in this provision shall be incorporated into the contract rent and shall therefore form part of the basis for subsequent adjustments, all in accordance with the provisions of the LAU. In the event that a temporary limitation on the application of the index indicated above has been approved, such limitation shall be respected during the period in which it is in effect, if applicable to the contract.

6.4.- Any delay in the payment of any financial obligations arising from this contract that do not pertain to the monthly rent—to which the provisions of Section 6.2 above shall apply—shall accrue, without the need for prior demand, default interest in favor of the Landlord equivalent to the statutory interest rate until the date of actual payment of all amounts due.

6.5.- All damages and losses resulting from the failure to pay any amount for which the Tenant is liable shall be borne by the Tenant. The Landlord may pass these amounts on to the Tenant, without the need for prior notice, in the receipt for the following month’s rent, attaching the appropriate supporting documents.

6.6.- Failure to pay and/or delay in payment of rent—whether due to a payment delay exceeding one (1) month, whether consecutive or intermittent—and in the payment of all other amounts due, shall be considered express grounds for termination of this contract, exercisable at the Lessor’s discretion following the first breach. It is expressly agreed that the rent owed, including the late payment interest referred to in section 6.2, once the contract has been terminated, and which remains unpaid, shall accrue annual late payment interest equivalent to the statutory interest rate plus 3 percentage points. All expenses arising from judicial or extrajudicial claims for breach, eviction, termination, claims for payment, and/or compensation for damages arising from the lease shall be borne by the party in default or in breach.

6.7.- Collection costs for returned payments.

The Tenant must pay invoices by their due date (within the first 7 calendar days of each month in the case of rent invoices). If the Tenant fails to pay an invoice, the Landlord will notify the Tenant of the outstanding amount via a personalized message, while respecting the Tenant’s privacy at all times. Such communication to the Tenant may be made by telephone, regular mail, email, or any other electronic means. 
The Lessor may charge the Tenant for the actual costs incurred due to the aforementioned non-payment of invoices. These costs include those incurred by the Lessor in connection with the steps taken to recover the amounts of the unpaid invoices. In addition, the Lessor may charge the Tenant who has set up direct debit for the bills via a SEPA mandate, as collection fees for each unpaid invoice, up to TWENTY-FIVE EUROS (25.00.-€), without prejudice to the Lessor’s right to take other actions, including, among others, the enforcement of the security deposit, additional guarantees, and other existing guarantees in each case, as well as the inclusion, where applicable, of the Lessee’s data in credit and financial solvency databases.

6.8.- Billing. 

A) Invoicing of Rent.

The Lessor shall send the Lessee an invoice, meeting all legally required criteria, for each monthly Rent payment. The Lessee expressly consents to the issuance of electronic invoices by the Lessor.

B) Billing of Taxes.

When the Lessor includes tax payments (Property Tax, Garbage Collection Fee, etc.) on the invoice in accordance with the provisions of this Agreement, it must identify them as a separate line item for the amount corresponding to such item and attach to said invoice a justification for the amount requested for payment.

C) Billing of Property Expenses. 

The Lessor may include the payment of Property Expenses in each monthly invoice in accordance with the provisions of this Agreement. To that end, the Lessor must identify such expenses as a separate item from Rent and taxes, and must attach to the aforementioned invoice a justification for the amounts requested for payment.

SEVENTH: Payment of Common Expenses, Private Expenses, Services, and Utilities

7.1.- The rent does not include the ordinary common expenses of the dwelling, that is, the utilities or service charges associated with the dwelling  and measured by individual meters, which shall be the sole responsibility of the Tenant (electricity, telephone, water, gas, alarm system if any, and any other utilities, as well as other individually identifiable expenses, which shall be the Tenant’s responsibility), and the Tenant must arrange for the transfer of ownership of such services. 

7.2.- The Tenant expressly authorizes the Landlord to act on their behalf to transfer the account ownership for:

•    Change of account holder for electricity, individual gas, heating, alarm (if any), and water (in accordance with the authorization attached as ANNEX II)

This service will incur an additional cost of NINETY EUROS (€90.00) + VAT, ONE HUNDRED AND EIGHT EUROS AND NINETY CENTS INCLUDING VAT (€108.90). This amount must be paid at the time of execution of this lease agreement and is an essential element for the formalization and effectiveness of this document. Account number for payment:

IBAN: xxxxxxxxxxxxxxxxxxxxxx

Reference: Apartment code – Change of utility account holder

7.3.- The Tenant shall be responsible for the installation, maintenance, repair, and replacement of the respective meters and other necessary components of the utilities in accordance with the conditions required at any given time by the utility providers

7.4.- The Landlord assumes no liability whatsoever for any interruptions that may occur in any of the aforementioned services (elevator, electricity, water, television, etc.) when such interruptions are caused by circumstances beyond the Landlord’s control, nor shall the Landlord be obligated to make any rent deductions due to such interruptions.

7.5.- It is expressly stated that upon termination of the Lease Agreement and in order to deliver the dwelling free of encumbrances or contractual obligations regarding utilities that may affect subsequent leases by a new tenant, the current Tenant must provide the Landlord with the corresponding supporting documents issued by each of the utility companies, certifying that the Tenant is up to date with payments for the utilities affecting the property and, where applicable, the corresponding certification of the cancellation of such contracts. 

In the event that the Tenant fails to provide the Landlord with the documents referred to in the preceding paragraph within ten (10) days (counting from the handover of the keys to the leased property), the Parties mutually agree to a penalty of 150 euros per utility, which shall be automatically incurred in the event of the Tenant’s failure to comply with this obligation, without the need for any formal notice to that effect from the Landlord.

The Tenant is also obligated to cancel these services once the term of the contract or any of its extensions has expired, if so requested by the Landlord.

7.6.- Condominium Fees.

The Tenant shall be responsible for the expenses arising from the homeowners’ association, as well as the Property Tax (“IBI”) on the dwelling in proportion to the time the Tenant occupies the dwelling. 

The aforementioned amounts will be charged to the Tenant on the rent invoice, increasing the rent by the respective amount. Notwithstanding the foregoing, the Landlord grants the Tenant a grace period of THREE years from the signing of this Agreement for the payment of homeowners’ association fees and IBI; therefore, the Tenant shall begin paying the homeowners’ association fees and IBI as of the first day of the fourth year of the Agreement. If the Tenant terminates the Agreement within the first TWENTY-FOUR (24) months of the Mandatory Term of this Agreement, the Tenant must pay the Landlord in full the homeowners’ association fees and property tax (IBI) that the Tenant would have been exempt from during the grace period provided for in this paragraph, as well as the homeowners’ association fees and property tax (IBI) up to the end of the first TWENTY-FOUR (24) months.

7.7.- The Landlord does not accept or assume any liability, nor shall the Landlord be obligated to make any rent reductions, nor may the Tenant terminate this Agreement due to any interruptions or outages that may occur in any of the utilities and general or individual services of the dwelling, provided such interruptions or outages are not caused by reasons attributable to the Landlord.

7.8.- In the event that the Tenant has a security alarm installed in the dwelling, the Tenant agrees to deactivate it during the SEVEN (7) days prior to the end of the lease, and will cooperate with the Landlord to facilitate the installation of the new alarm. In any case, the Tenant is responsible for returning the alarm to the security company that owns it.

EIGHTH: Other Expenses and Taxes

8.1.- In the event that the Tenant wishes to register the lease of the dwelling, all notary and registration fees arising from the notarization of this contract (or its execution in a public deed), its registration, if applicable, in the Property Registry, and its cancellation, shall be borne by the party requesting such registration.

If the contract has been registered in the Property Registry at the Tenant’s request, the Tenant is obligated, at their own expense, to cancel said registration together with the Landlord upon termination of the contract.

8.2.- Taxes. 

All municipal taxes shall be borne by the Lessee that:

(i)    are levied on the use and operation of the Property and for which the Tenant is liable in its capacity as user or occupant thereof (garbage collection fee, vehicle access fee); and

(ii)    are levied on the ownership and possession of the Property, even if the Lessor is the liable party for such taxes. 

The Lessor’s corporate income tax and any other taxes that, now or in the future, are levied on the Lessor’s profits in connection with the Property, or those related to the business operation of the Property, are expressly excluded and shall be borne by and be the sole responsibility of the Lessor.  

With regard to Property Tax, once paid by the Lessor, the Lessor shall pass it on to the Lessee, increased by the tax as established by the regulations in force at any given time.  

With respect to taxes whose period exceeds that of the lease, the Lessee shall pay only the proportional portion thereof corresponding to it based on the lease’s termination date, that is, on a pro rata temporis basis.

The Lessee shall not be liable for, nor shall it reimburse the Lessor for, any interest, fines, penalties, or surcharges that may be imposed on the Lessor by any public administration body due to the Lessor’s delay in paying taxes or failure to fulfill its obligations as a taxpayer.
The garbage/waste collection fee or similar or analogous taxes shall be borne by the Lessee, and the Lessor shall re-invoice the Lessee for such amounts, which must be paid either by direct debit, by deposit into an account, or by wire transfer, at the Lessor’s discretion. 

8.3.- Value Added Tax (VAT).

The rent for the property, as provided for in this Agreement, shall be subject to but exempt from VAT pursuant to the provisions of Article 20.1.23 of the Value Added Tax Law (hereinafter VAT Law). And, in accordance with the criteria in effect as of the date of signing this Agreement, as established by the Central Economic-Administrative Court and the General Directorate of Taxes regarding the leasing of housing by legal entities for use as the primary residence of their dependents. Should the criteria be changed by the tax administration or by case law, the respective VAT shall apply.

NINTH: Repairs and Renovations

9.1.- Work to be Performed by the Tenant.

The Tenant may not carry out any work on the Property that:

(i)    require the issuance of a major construction permit by the authorities; or 
(ii)    affect the structure, 
(iii)    affect common elements or the safety and stability of the building.

without obtaining the prior, express, and written consent of the Landlord, which may not be unreasonably withheld. The Landlord must respond to the Tenant’s proposal (accepting or rejecting it) within THIRTY (30) days from the date the proposal is submitted to the Landlord, unless additional information is reasonably required, in which case such period shall be suspended until the information is provided. If no response is received from the Landlord within the aforementioned timeframe, as applicable, consent shall not be deemed granted.

In the case of renovations that do not fall under the circumstances described in the preceding paragraph, the Tenant shall notify the Landlord of such renovations once they are completed, but shall not require specific permission or consent from the Landlord.

It is prohibited to drill holes in kitchen and bathroom walls, floors, doors (including those of the cabinets provided with the Property), or built-in shelving, as well as to place flower pots on wooden or porous floors within the dwelling, in order to prevent damage caused by moisture.

The Landlord is authorized to enter the Property at any time, provided at least two calendar days’ notice is given, for the purpose of inspecting its condition and verifying whether any unauthorized construction work has been carried out.

Violation of this clause shall constitute grounds for termination of this contract. The Landlord may demand that the property be restored to its previous condition and may claim the corresponding compensation. 
Any modifications made by the Tenant shall remain for the benefit of the property upon termination of this contract, without any compensation to either party.

9.2.- Repairs to be Performed by the Landlord.

The Landlord shall only be obligated to undertake repairs necessary to maintain the Property in a condition suitable for its intended use, excluding those resulting from the actions of the Tenant and/or third parties and/or the normal use of the Property. 

In the event of urgent repair work, the Tenant shall immediately notify the Landlord, who undertakes to repair it with the utmost urgency. If, after five (5) business days, it has not been repaired, the Tenant may carry out the repair themselves, provided it does not affect common areas, with the cost thereof being deducted upon presentation of proof thereof via the appropriate invoice sent to the Landlord, from the Rent due in the following month, or, where applicable, added to the amount to be refunded by the Landlord as a security deposit at the end of the lease, based on what the parties agree upon at the time, always in accordance with the provisions herein.

9.3.- In accordance with Article 19.4 of the LAU, at any time from the effective date of this lease agreement and subject to prior agreement between the Landlord and the Tenant, improvement work may be carried out on the leased Property and the rent under the agreement may be increased.

9.4.- The Tenant shall be responsible for the routine maintenance and repair of the Property (damage resulting from normal wear and tear of the apartment). Consequently, the Tenant agrees to perform and pay in full for routine maintenance and minor repairs. For example, replacement of light bulbs, general maintenance of appliances, replacement of small appliances and kitchenware, routine plumbing work, maintenance of air conditioning/heating systems, painting, preventive maintenance, as well as repairs related to negligent use by the Tenant.

9.5.- The Landlord shall be responsible for the maintenance and extraordinary repairs of the Property, its structural elements, and its general facilities, including the HVAC system (repairs resulting from structural problems and non-ordinary wear and tear of the apartment). Consequently, the Landlord agrees to perform and pay in full for any extraordinary work, repairs, and/or replacements necessary to restore any element of the Apartments to proper working order, including the replacement of damaged parts or entire components, except in cases where such work and actions are necessary due to damage caused by the Tenant.

TENTH: Security Deposit, Additional Guarantee, and Insurance.

10.1.- The security deposit for this lease, that is, the sum equivalent to two (2) months’ average rent for the first five (5) years of this Contract’s term, amounts to xxxxxxxx EUROS (xxxxxxx.-€) (the “Security Deposit”). This security deposit shall serve as a security deposit during the term of the lease and shall be returned to the Tenant if, at the end of the lease term, the Tenant is up to date with payments and the property has been maintained and returned in perfect condition.

The aforementioned security deposit must be paid to the Landlord via bank transfer to the bank account with the following IBAN: xxxxxxxxxxxxxxxxx, as described on the second page of the contract.

Within a maximum period of one (1) month from the date of signing this Contract, the Lessor shall deposit an amount equivalent to two (2) months’ rent for the first year of the Contract with the appropriate public agency or include it in any agreement subsequently entered into for the deposit of the Security Deposit.

10.2.- Furthermore, as an additional security deposit, the Tenant shall also pay, upon signing this lease agreement, the amount of xxxxxxx EUROS (xxxx.00€). The additional security deposit shall be returned to the Tenant if, at the end of the lease term, the Tenant is up to date with payments and the property has been returned in perfect condition.

Both the statutory security deposit and the additional guarantee are provided to secure the Tenant’s legal and contractual obligations. The Landlord agrees to deposit the legal security deposit in accordance with applicable regional regulations. Like the security deposit, the additional guarantee must be paid to the Landlord via bank transfer to the bank account with IBAN: xxxxxxxxxxx, as described on the second page of the contract.

10.3.- The existence of the security deposit and additional guarantee shall never serve as a pretext for delaying payment of the rent or any of the amounts that the Tenant has agreed to pay.

10.4.- In the event that the damage caused to the property or the amount due for taxes, expenses, services, or utilities payable by the Tenant exceeds, upon quantification, the security deposit paid, and the additional guarantee provided, the Tenant shall be obligated to pay the necessary amounts until full payment of the aforementioned items, it being understood that the amount of the security deposit and additional guarantee does not limit the Tenant’s liability for these items or for any potential compensation for damages.

10.5.- HOME INSURANCE: The Tenant agrees to take out home insurance valid for the entire term of the lease agreement, to cover liability for damages to third parties and, likewise, to cover the contents of the leased property up to a value of €10,000 for coverage of incidents including water damage, fire, or electrical damage, which must take effect from the date the lease agreement is formalized.

The Tenant hereby authorizes, pursuant to this clause, the Landlord to take out, in the Tenant’s name—with the Tenant as the policyholder and insured party—home insurance for the entire duration of the lease and any extensions, which shall include civil liability and damages that may be caused to the property, covering the contents of the leased property up to a value of €10,000€ for coverage of incidents including water damage, fire, or electrical damage, without prejudice to the Tenant’s liability for damages caused by misuse of the leased property, with the cost of this insurance and its renewals to be borne by the Tenant, who hereby expressly authorizes such charges to be debited from the same account where the rent payment is automatically deducted. For this procedure, the Tenant must provide all documentation required to arrange the insurance. Once the contract with the insurance company is signed, the Landlord will provide a copy of it to the Tenant. 

The account number provided by the Tenant for the deduction of the rent premium is in IBAN format: xxxxxxxxxxxxx

Failure by the Tenant to pay the premium is considered a material breach and grounds for termination; without prejudice to the Landlord’s right to terminate the lease, the Landlord may offset the outstanding amount against the security deposit and/or additional guarantee. If the Tenant terminates the lease prior to the end of the insurance coverage period, no prorated refund of the premium will be issued.

ELEVENTH: Obligations of the Tenant

11.1.- The Tenant further undertakes jointly and severally to:

a)    Pay the Rent, any legal and/or contractual increases, and the agreed-upon expenses and services as provided, including the security deposit and additional guarantee.
b)    Pay for repairs to damage caused to the dwelling due to the Tenant’s fault or negligence. Minor repairs required due to normal wear and tear from the ordinary use of the dwelling shall be the Tenant’s responsibility.
c)     Not to assign, transfer, or sublet the dwelling that is the subject of this contract, either in whole or in part, nor to use the dwelling, in whole or in part, for lodging or any other purpose covered herein, without the prior, express, and written consent of the Landlord.
d)     Notify the Landlord as soon as possible of the need to carry out repairs necessary to maintain the dwelling in habitable condition.
e)    To vacate the leased property in perfect condition on the date of termination of this contract.
f)    To comply with the rules in force in the homeowners’ association bylaws and those contained in the current Condominium Law, undertaking in particular not to disrupt the normal functioning of the homeowners’ association or the daily lives of the neighbors in the property.
g)    The Tenant must allow the Landlord’s technicians access to the property to inspect its condition and verify compliance with legal and contractual obligations. The Landlord shall notify the Tenant two calendar days in advance so that the visit may take place on a date and time agreed upon by the parties, causing the least possible inconvenience and disruption to the Tenant. Such a visit shall not infringe upon the Tenant’s privacy; it shall be solely for the purpose of verifying the condition of the dwelling and the property leased with it. 
h)    To respect and comply with all other legal and contractual obligations set forth in this contract and in applicable law.

11.2.- Any breach of these obligations, as verified by the Landlord, shall constitute grounds for termination of the contract, as shall the other grounds for termination provided for by law or in this contract.

TWELFTH: Termination of the contract.

12.1.- This contract shall terminate upon the expiration of the fixed term. In this case, neither party shall be entitled to claim any compensation from the other party for this reason.

12.2.- It may also be terminated early, at the request of either party and upon providing written notice to that effect to the other party, if the other party breaches any of the obligations assumed in this contract.

In particular, the parties expressly agree that failure to pay any monthly rent installment, or any amounts that the Tenant is obligated to pay under this contract, shall constitute grounds for termination of the contract.

In this case, the party that has fulfilled its obligations may choose between (i) demanding performance of the obligation, or (ii) terminating the contract, in which case the defaulting party must pay all outstanding amounts that may have caused the termination. Furthermore, in both cases, the non-defaulting party may also claim compensation for damages.

In the event that the Landlord seeks termination of the lease agreement due to the Tenant’s breach of essential obligations, namely: (i) paying the Rent and other amounts due, and (ii) maintaining the property in good condition. The Landlord shall also be entitled to claim, as compensation for damages, the amount corresponding to the rent due from the date of termination until the expiration date of the lease, as per the Second Clause above.

THIRTEENTH: Grounds for termination of the contract.

13.1.- Any breach, for any reason, of the obligations arising from this lease agreement shall entitle the party that has fulfilled its obligations to demand performance of the obligation or to seek termination of the lease agreement in accordance with the provisions of Article 1,124 of the Civil Code. Likewise, the Parties may terminate the lease agreement as of right in the cases provided for in Article 27 of the Urban Lease Law and in the event of a breach of the obligations agreed upon in this lease agreement, where such breach is expressly provided to be grounds for termination.

By way of example and without limitation, the Landlord may terminate this lease agreement as of right for the following reasons:

•    Engagement by the Tenant in activities that are disruptive, unsanitary, harmful, dangerous, or illegal within the rented property.
•    Engaging in activities for tourist purposes in the Property.
•    Engaging in activities not permitted by the bylaws or as determined by the Owners’ Association.
•    Intentional damage or unauthorized construction work in the dwelling by the Tenant, as well as any other action that affects or alters the structure of any part of the building.
•    Furthermore, the Tenant agrees not to engage in any acts that could invalidate the general insurance policy covering the property and the building in which it is located.
•    Failure to pay rent and other amounts that the Tenant has agreed to pay or is obligated to pay under the contract. 
•    Unauthorized assignment or subletting.

ARTICLE 14: Notifications

14.1.- For the purpose of receiving any notification related to the rights and obligations recognized in this contract, the following email addresses are designated:

Landlord: xxxxxxxxxxxxxxx 
Tenant: xxxxxxxxxxxx

and the following addresses:

Landlord: xxxxxxxxxxxxxx Street
Tenant: xxxxxxxxxx

14.2.- Communications shall preferably be made via electronic means, and in the event of impossibility or failure of the electronic service, by regular mail via certified fax.

FIFTEENTH: Jurisdiction

15.1.- The courts and tribunals where the leased property is located shall have jurisdiction to resolve any dispute that may arise from the interpretation and/or performance of this contract.

SIXTEENTH: Consumer Rights

16.1.- The Parties declare that this contract has been entered into by mutual agreement in accordance with applicable regulations for the protection of consumers and users, and none of its provisions may be considered an imposition, waiver, or limitation.

SEVENTEENTH: Data Protection and Inclusion of Debt Default Data in Credit Bureaus.

17.1.- In compliance with General Data Protection Regulation (EU) 2016/279 and Organic Law 3/2018 of December 5 on the Protection of Personal Data and Guarantee of Digital Rights, the Tenant is hereby informed that the personal data provided to the Landlord will be processed by the Landlord in full compliance with the aforementioned legislation and any applicable legislation in force, for the sole purpose of managing the residential lease agreement and based on the performance of said contractual relationship. 

In this regard, the Landlord will not disclose to third parties, without the prior consent of the data subject, the personal data provided by the Tenant for the purpose of formalizing this contractual relationship, except when strictly necessary for the fulfillment of the legal and contractual obligations arising from this contract, without prejudice to the fact that the Landlord’s administrative service providers may have access to the Tenant’s personal data for the provision of such services.  

The Lessor will retain the Lessee’s personal data for the duration of the contractual relationship, and will subsequently retain such data, duly and appropriately blocked, for the statute of limitations period applicable to any actions that may be brought in accordance with applicable civil law.  

Finally, the Tenant is hereby informed that they may exercise their rights of access, rectification, erasure, or the right to be forgotten, the right to data portability, the right to restrict the processing of their personal data, the right to object, and to withdraw the consent provided, by contacting the Lessor at the address indicated in the header of this contract, duly proving their identity, or by sending an email to the address: dpo@clikalia.com. All of the foregoing is without prejudice to the Tenant’s right to exercise their rights by filing a complaint with the Spanish Data Protection Agency as they deem appropriate. 

The data controller informs you that, for the purposes of processing, it uses information systems (Microsoft 365 Online Services), whose operators may be located in countries whose legislation is not equivalent, which may involve potential international data transfers.  Additionally, customer service is provided through software from Zendesk, Inc., a company adhering to the Data Privacy Framework Adequacy Decision, which permits the flow of European citizens’ data to the U.S. and will involve an international data transfer.

You may inquire about potential international data transfers by emailing dpo@clikalia.com. These international data transfers are necessary for the provision of the requested services.

17.2.- The Lessor informs the Lessee that in the event of non-payment of amounts for which the Lessee is liable, regardless of the amount or cumulative total, pursuant to this contract, their personal data may be transferred to a national or international credit default database, as determined by the Lessor, based on the legitimate interest of preventing fraud or any other civil or criminal offenses, such as Equifax-ASNEF/RAI/CCI/RIJ/BADEXCUG-Experian.

17.3.- In the event that the Lessee’s default data is included, at the Lessor’s request, in a negative credit registry, the Lessee shall receive, within a maximum period of one month from the recording of the debt in the registry, a notification from the registry operator informing them of the inclusion of their personal data therein, and advising them of the possibility to exercise the rights set forth in Articles 15 through 22 of the General Data Protection Regulation (EU) 2016/679.   
In any case, the Lessor assumes no liability arising from the failure of the controller of the relevant credit registry to provide the aforementioned notification to the debtor Lessee.

17.4.- Sending of proprietary commercial communications. 

In accordance with the provisions of the second paragraph of Article 21 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we also request the express consent of the tenants to authorize us to send commercial communications and advertising regarding our products or promotions that we believe may be of interest to them, based on the products or services that were the subject of the contract, via email or any other equivalent electronic means of communication. Consequently, the Tenant chooses to: 

□ I have read and accept the processing of my personal data, including the sharing of such data with other companies in the CLIKALIA group, in order to receive advertising and/or commercial or promotional communications, including via electronic means. 

We inform you that you may revoke your consent to receive advertising and/or commercial communications at any time by sending an email to the following email address: dpo@clikalia.com. 

17.5.- Direct debit mandate (SEPA).

In accordance with and in compliance with the provisions of General Data Protection Regulation (EU) 2016/279 and Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights, the Landlord hereby informs the Tenant that their personal data will also be processed in accordance with the aforementioned legislation, for the purpose of managing the collection of monthly rent payments and expenses arising from the lease of the dwelling that is the subject of this contract. For this purpose, their data will be transferred solely and exclusively for the purpose of managing the aforementioned collections. 

In any case, the Tenant is hereby informed that they may exercise all the rights to which they are entitled and which have been set forth in the first paragraph of this Clause. 

Consequently, the Tenant hereby states that: 

□ I SPECIFICALLY, UNEQUIVOCALLY, FREELY, AND IN A WELL-INFORMED MANNER CONSENT AND AUTHORIZE the Landlord to collect, process, store, and transfer my personal data to third parties for the purpose of managing the collection of monthly rent payments as they accrue, as well as any expenses related to the property covered by this contract that have been agreed to be the responsibility of the Tenant.

17.6.- Transfer of data to the homeowners’ association.

The Tenant authorizes the Landlord to transfer their personal data to the relevant homeowners’ association for the purpose of maintaining direct contact with the Tenant regarding general expenses, utilities, and community fees in general:

□ I SPECIFICALLY, UNEQUIVOCALLY, FREELY, AND IN A WELL-INFORMED MANNER CONSENT AND AUTHORIZE the Landlord to process and transfer my personal data to the relevant homeowners’ association so that the latter may communicate directly with the Tenant regarding all matters pertaining to general expenses, utilities, and homeowners’ association fees for which the Tenant is responsible.

EIGHTEENTH: Prevention of Money Laundering and Terrorist Financing

18.1.- Prevention of Money Laundering and Terrorist Financing:

Within the framework of the establishment of the contractual relationship, if applicable, the Tenant shall provide the Landlord, at least 48 hours prior to the date of signing the lease agreement, in a truthful and complete manner, all information and documentation necessary and required so that the Lessor may comply with its obligations under Law 10/2010 of April 28 and other regulations governing the prevention of money laundering and the financing of terrorism, and expressly authorizes the Lessor to carry out any verification updates it deems appropriate for this purpose. 

The Lessor’s failure to obtain the information and documentation required by the internal policies established to comply with the law shall be sufficient grounds for the Lessor to be authorized to NOT PROCEED WITH THE VALIDATION OF THE POTENTIAL TENANT or, where applicable, to terminate the contractual relationship with the tenant if it has already been entered into. 

18.2.- The Tenant accepts and declares that they have read and understood the terms and conditions set forth above.

NINETEENTH

19.1.- Information regarding inquiries and inclusion in the judicial delinquency registry.

•    During the term of this contract, the Landlord may check the Tenant’s status in the Spanish Bar Association’s Registry of Judicially Defaulted Debtors to verify the Tenant’s creditworthiness and compliance with financial obligations. This registry contains information regarding certain, past-due, and enforceable debts of no less than €50, the existence or amount of which has not been the subject of an administrative or judicial claim by the debtor or through a binding alternative dispute resolution procedure between the parties. The legal basis for this inquiry is the lessor’s legitimate interest, which arises when a contractual relationship exists with the party concerned that involves the payment of a monetary amount.
•    In the event of non-payment of amounts by the tenant as a result of this contract and in accordance with Article 20 of Organic Law 3/2018 (LOPDGDD), when the debt is certain, due, and payable and its payment has been previously demanded by the landlord from the tenant, the tenant’s personal data may be reported to said Registry, based on the legitimate interest of preventing fraud or any other civil or criminal offenses. 
•    In the event that the tenant’s default data is entered into the Spanish Bar Association’s Judicial Default Registry at the landlord’s request, the tenant will receive, within a maximum period of one month from the registration of the debt in the Registry, a notification from the Registry’s administrator informing them of the inclusion of their data and of the possibility of exercising the rights set forth in Articles 15 through 22 of Regulation (EU) 2016/679 (GDPR). In any case, the landlord assumes no liability arising from the failure of the Registry’s administrator to provide the aforementioned notice to the tenant-debtor. 

The tenant may obtain further information about the Registry of Judicial Debts at https://registrodeimpagadosjudiciales.es/condiciones-generales/

19.2.- Electronic notification procedure in the event of non-payment and pre-litigation negotiation.

In compliance with the provisions of Article 6 of Organic Law 1/2025, and for the purpose of documenting negotiation efforts prior to any legal claim, the tenant expressly authorizes the landlord to send an electronic notification via the email address specified in clause fourteen, communicating the binding settlement offer provided for in the aforementioned law.

Such electronic notification shall be deemed authentic and shall serve as sufficient proof that an out-of-court settlement has been attempted in accordance with Article 264.4 of the Civil Procedure Act.

19.3.- Deadline for Accepting the Settlement Offer and Authorization to Initiate Legal Action.

If the tenant does not accept the binding offer of an amicable settlement within one (1) month of receiving the electronic notification, or does not respond within that period, expressly authorizes the landlord to initiate the appropriate legal proceedings to recover the debt, including eviction proceedings and claims for unpaid rent.