Legal information

Rental Asset Management Terms and Conditions

Scope of the contract: 

These terms and conditions apply exclusively to products and services in which CLIKALIA MANAGEMENT 

SERVICES SLU, with CIF B56917008, acts as an intermediary by virtue of a specific mandate with the callsign CLIKALIA ASSET MANAGEMENT ALQUILER in which CLIKALIA MANAGEMENT SERVICES SLU acts, not as 

owner, but by virtue of a mandate/assignment for the management of the sale of the respective property,  (hereinafter CLIKALIA ASSET MANAGEMENT RENTAL) that will be provided to the Client related to the purchase and sale of real estate and are aimed at an audience over 18 years of age. 

These terms and conditions shall also apply to services provided by other companies of the CLIKALIA group related to the products and services of CLIKALIA ASSET MANAGEMENT ALQUILER, without prejudice to the additional terms and conditions applicable to these services that must be agreed between the CLIENT and the corresponding company. 

 

General and object of the contract: 

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

Please read the terms and conditions of the service carefully to be informed of the rights and obligations of users of the service offered by this means. The validity of these terms and conditions will be recognized in a binding manner by the user at the time he or she decides to use the service. 

By using our services, you agree to these Terms and Conditions. We reserve the right to modify these Terms and Conditions at any time and without the need to inform you of the reason. 

Our website allows users to enter certain information about a property in order for the user to rent that property. The properties offered for lease under the callsign CLIKALIA ASSET MANAGEMENT ALQUILER are owned by a third party who has been granted a mandate or commission to CLIKALIA for the marketing and, where appropriate, the management of the lease. 

Different types of rentals appear on our website: 

 

  1. Rental housing for end users/customers. 
  2. Rental housing for legal entities. 
  3. Rental housing for administrators or employees of legal entities. 

 

Users, through our website, must submit the necessary documentation for the validation of the eventual tenant. Validation consists of a process to determine the economic and financial capacity of the interested user according to the internal criteria of the CLIKALIA group or the third party owner of the property and the information requested and thus transferred by the user will be processed solely and exclusively for this purpose, and for the drafting and execution of the eventual lease contract. 

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

 

The request for the lease by the user, regardless of the data and documents transferred by the user to CLIKALIA for validation, implies acceptance of the terms and conditions of the rental contract indicated below. Likewise, it implies the acceptance of these terms and conditions, users accept and understand that in the event that action is necessary to carry out the order, mandate or contract and the fulfillment of the obligations derived from it, CLIKALIA, as the case may be, may carry out the necessary actions for this by invoicing the respective costs to the other party/and/or user,  that they are legally in their position. 

Regardless of the validation and its result, CLIKALIA or, where applicable, the third party owner of the property is not obliged to grant or sign the lease agreement with any user. 

Once the acceptance of the tenant(s) has been communicated by CLIKALIA, the user will receive the lease agreement at the email address indicated for digital signature. If after 24 hours after the contract has been sent, it is not signed by the interested party, the consequence described in the section entitled "cancellation of the reservation for reasons attributable to the user" will be applied. 

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

Rental reservation 

 

When making the reservation for the rental of a specific apartment, the user will hand over the amount of €200 as  a reservation. The payment method of the reservation will be charged to the credit card through the gateway enabled on the website, which may redirect you to Internet payment processing platforms. 

Once the result of the economic feasibility study is obtained, which aims to analyse the user's solvency for the payment of the monthly rent of the lease, the user may be informed: 

1. That the offer is denied or cancelled because the client does not meet the necessary viability requirements, and that the amount delivered as a reservation will be refunded, without CLIKALIA acquiring any type of responsibility, within the deadlines that will be described below. 

2nd. That the offer is accepted because the user has provided all the necessary documentation for the economic feasibility study and meets the necessary viability requirements, in which case the amount paid when formalising the booking (€200) will be deducted from the income of the current month or from the income corresponding to the immediately following monthly payment. 

3rd. That additional documentation is required for the study of its viability or for some special circumstance. 

 

Refusal of the offer by CLIKALIA 

 

In those cases in which the user's offer has been denied, after having carried out the corresponding economic feasibility study, CLIKALIA will refund the amount paid when formalising the booking within a maximum period of 30 calendar days from the day following the day on which the rejection of your offer has been definitively communicated by email sent for this purpose. 

Cancellation of the booking for reasons attributable to the user 

 

In addition to what is described in the previous section, when the user has correctly reserved a property for rent, he/she will have a maximum period of 24 hours to submit all the information and documentation necessary for the economic feasibility study by CLIKALIA, after this period if he/she has not sent it, he/she will be considered to have withdrawn from the offer and CLIKALIA will have the right not to make a refund of the amount delivered by CLIKALIA. the user when formalizing the reservation, the user losing this amount. 

On the other hand, if the user sends the documentation for the economic feasibility study, but it is insufficient, CLIKALIA will require him to provide, within a maximum period of 24 hours from the sending of the communication of additional information, the necessary documentation to be able to carry out the corresponding study of his offer. If it is not provided within the period indicated, the consequence of the previous paragraph will apply. In the event that the user provides CLIKALIA with the additional documentation required, the study of its offer will continue. 

Finally, in the event that CLIKALIA notifies the user by email that the result of the economic feasibility study is favourable and the contract, together with its corresponding annexes, is sent for digital signature, the user will have a maximum period of 24 hours to formalise the digital signature. In the event that the user does not digitally sign the rental contract within the 24-hour period granted for this purpose, they will lose the amount paid at the time the reservation was formalized. 

Terms and conditions of the rental agreement: 

 

The lease agreement shall state: 

 

1. If the lessee or lessee is made up of several people, all of them will be jointly and severally liable for their obligations arising from the lease contract. 

2nd. The rented property will be identified and, where appropriate, an inventory of the movable goods or appliances and furniture/belongings it contains and their condition will be incorporated. It may also be accompanied by a photographic report of said movable property. 

3rd. The ownership of the rented property or its disposition for the lease will be identified. - As for the community expenses, the property will be delivered up to date with the payment of the fees of the Community of Owners, on the date of the contract. 

  1. The need to subscribe to the SEPA mandate for the direct debit of the monthly rent payments and other expenses that have been agreed to be borne by the tenant. 
  2. The specific amount of rent, deposit and additional guarantee will be indicated, as well as any other guarantee of a different nature that may be agreed to guarantee the fulfilment of the lessee's obligations arising from the contract. Likewise, the application of a discount on the rent (%) will also be indicated, if agreed, as the period of time during which it will be applied, as follows (or similar, subject to modifications by the lessor): 

"It should be added that the Lessor grants the Lessee for the duration of this contract for XXX (X) months, counting from the XX of XXXX of XXXX to the XX of XXXX of XXXXX, a discount on the amount of the monthly rent amounting to XXXX EUROS (XXX €), so that the Lessee will pay the Lessor the amount of XXXX EUROS (XXXX €), in each of these months. From the last month of the duration of the discount, the Lessee must pay the full monthly amount of the rent indicated above. If the lessee withdraws from the contract within the first SIX (6) months, he/she will lose the agreed bonus and must pay in full all the fees included in the discount" 

  1. The expenses derived from the use and enjoyment of the dwelling that will be borne by the tenant and, where appropriate, if any type of discount is granted by the landlord in the payment of the same, expressly indicated: the amount of the discount (%) and the period of time for which it will be granted. In the event that discounts are agreed, the following format will be used (or similar, subject to modifications by the lessor): 

"It should be added that the Lessor grants the Lessee the following grace periods or bonuses to be applied to the amount that the Lessee would have to pay for the following (or analogous) concepts and during the following period: 

 

Concept 

Date

              Ho me Bonus 

Date

              E

nd Bonus  

% Bonus (0 or 100%) 

Community of 

Owners 

 

 

 

IBI 

 

 

 

Garbage Tax 

 

 

 

 

 

From the last month of the duration of the discount, the Lessee must pay the monthly amount full of the corresponding amounts".

 

7th. For the execution of the lease contract, the lessee must sign the contract subject to the conditions indicated below, together with its annexes, and make to the lessor, and receive, the payments detailed in compliance with the economic conditions agreed in the aforementioned Annex I. 

Consequently, once the contract signed by the lessee has been received, together with the effective payment into the bank account of the lessor of the amounts indicated above, the lessor will sign the contract, resulting in the perfection of the contract. 

 

8th. Depending on the ownership of the property, it is possible that some of the clauses of the contracts include an alternative wording, in which case it will be indicated with an asterisk*. 

 

The CLAUSES of the contract, unless expressly approved by the third party owner of the property due to economic or personal circumstances of the lessee, will be the following depending on whether the interested party is a natural person, a legal person or a legal person and the lease is intended to meet the housing needs of the administrator or an employee: 

 

 

ANNEX I: RENTAL CONDITIONS FOR THE RENTAL OF A NATURAL PERSON'S HOME - CLIKALIA ASSET MANAGEMENT ALQUILER 

 

 

 

 

FIRST:  

Applicable Regime 

 

1.1.- The lease contract is entered into under the provisions of Law 29/1994 of 24 November, on Urban Leases (hereinafter, LAU) and is imperatively subject to the provisions of Titles ONE and FOUR of said regulation (Title I (Scope of the Law, arts. 1 to 5) and Title IV (Common provisions,  arts. 36 and 37). In addition, as it 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 the provisions of Title II of the LAU (arts. 6 to 28), and, additionally, by the provisions of the Civil Code. 

 

 

 

SECOND:  

Object  

 

2.1.- The lessor leases the property to the lessee, who accepts it, as a certain body. 

In particular, the property is rented for use as a habitual residence, and it is not possible to develop or install in it, commerce, industry (especially activities for tourist use), not even manual, office or professional office, or other analogous or similar. 

The lessee declares that he has visited the property and known it, and accepts its extension, characteristics, condition and the common services he enjoys, the lessee deeming the property suitable for the agreed use. 

 

2.2.- The lessee receives the keys to the property and free possession of it.  In particular, the renter receives THREE (3) sets of keys on the Commencement Date, as defined in the contract. 

 

2.3.- If the lessee requests from the lessor a copy or extra set of keys of the THREE (3) sets of keys that are delivered to him at the signing of the contract, he must pay the lessor, for each extra set of keys that he requests and the lessor delivers, the amount of FIFTY EUROS PLUS VAT (€ 50.00 + VAT). 

 

Additionally, in the event of loss of any set of keys by the lessee, the lessee must communicate this circumstance to the lessor, due to the supervening need to change the lock/cylinder for obvious security reasons, which will be carried out by the lessor, by itself or through third parties, giving the lessee THREE (3) sets of keys to the new lock. The costs 

 

 

 

caused by changing the lock due to loss of keys will be borne by the lessee, who must pay them to the lessor, once the latter delivers the corresponding supporting invoices. 

 

 

                               

 

       THIRD:    Destiny 

 

 

3.1.- The property must be used exclusively as the habitual and permanent residence of the lessee and, where appropriate, their family members, for all purposes of this contract. 

 

Where appropriate, the garage space must be used exclusively for the parking of a single motor vehicle of the lessee or one of the family members who live with him or her and the storage room must be used exclusively for the storage of movable goods and belongings of legal belonging and trade of the lessee or the relatives who live with him. 

 

Parties are not allowed in the rented property. Failure to comply with this obligation will entitle the lessor to terminate the contract, without prejudice to the corresponding liability for damages. 

 

3.2.- The lessee undertakes to communicate in writing to the lessor the number of people who will live with him on a regular and permanent basis in the rented property. 

 

3.3.- The lessee is directly and exclusively responsible for any damage that may be caused to people or things (including the property, the building in which it is located, and the furniture, facilities and equipment that are leased together with the property) and are a direct or indirect consequence of the use of the property (including ordinary use) by the lessee and other people who live with it.  their guests or persons or animals that access the property, including damages arising from the handling and use of the facilities for services and supplies of the property or those in the building where it is located, the lessee being directly responsible, exempting the lessor from all liability. 

 

3.4.- Without prejudice to the above, the lessee will be responsible for any damage, loss, breakdown or imperfection caused to the furniture (especially on those movable assets listed in Annex III), installations or equipment of the property whether due to ordinary use, misuse, negligence or willful misconduct of the lessee and other people who live with him or access the property invited by the lessee. 

 

In this sense, the lessee undertakes to cover the cost of the damage, which will be the value of the damaged goods. It is agreed that, in order to determine the value of the goods, the market value of the same at the time of signing this contract and the depreciation by ordinary depreciation will be taken into account. Such depreciation will be calculated in accordance with the applicable tax and accounting standards, reflecting the loss of value of the assets due to wear and tear due to normal use and the passage of time. 

 

3.5.- The tenant must respect (and make the people who live with or visit him respect) the current legislation and the rules of the Community of Owners of the building where the property is located, especially in terms of the use and enjoyment of the common elements and services, as well as in terms of peaceful coexistence in the Community and prohibited activities. 

             

FOURTH: 

Cession. 

Subletting and preemptive 

acquisition rights 

 

 

4.1.- The lessee knows and accepts that the lessor may assign in favour of a third party, directly or indirectly, its position as lessor, under the terms that are legally applicable. 

 

4.2.- The lessee is expressly prohibited from subletting - even partial - of the property or any of its parts or elements and the assignment of the contract, as well as from keeping the property habitually unoccupied, without the prior written consent of the lessor. 

 

In the event of unauthorised subletting, the lessor will have the right to require the lessee to pay a penalty equivalent to twice that received by the sublease for each monthly payment that the sublease remains in force. If the lessee refuses to report the amount received or, 

 

 

once informed, it is not credible in view of the information available to the lessor, the penalty will amount to a fixed amount equivalent to TWO (2) monthly rent payments per month until the end of the sublease. The aforementioned penalty is independent of the lessor's right to terminate the contract by non-consensual subletting or assignment and the compensatory rights set out in Clause 3 above. 

 

4.3.- The lessor may freely transfer the property, totally or partially, directly or indirectly. In the event of alienation or transfer by any title of the leased property, the lessee hereby expressly waives his right of preferential acquisition referred to in article 25 of the LAU. Nor may the lessee terminate the contract due to the acquisition, directly or indirectly, of the property by a third party by any title or procedure. 

 

 

FIFTH: 

Duration, 

Extension, 

Withdrawal and Return of the Property 

 

 

5.1.- The lease is established for   a term of ONE (1) year,   counting from XX/XX/XXXX (the "Start Date"). In accordance with current legislation, given that the initial term of the lease is less than SEVEN (7) years and the lessor is a legal entity, the contract will be mandatorily extended for annual periods until the lease reaches the duration of SEVEN (7) years; there will be no such renewal if the lessee notifies the lessor in writing of the waiver of the aforementioned extension at least THIRTY (30) days before the end of the lease. of the agreed initial term or any of its annual extensions.  

 

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

 

5.3.- Once the date of termination of the contract has been reached, it will be automatically terminated 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 lessee may only withdraw from the lease once at least SIX (6) months of its duration have elapsed, and provided that the lessor is reliably notified at least THIRTY (30) days in advance. In this case, the lessee will compensate the lessor with an amount equal to one month's rent in force for each year of the contract that remains to be fulfilled. Periods of time less than one year will give rise to the proportional part of the compensation.   

 

5.5.- Upon termination of the lease contract, without the need for prior notice, the lessee must proceed to return to the lessor the THREE (3) sets of keys received, as well as the free possession of the property (together with the furniture, installations and equipment of Annex III), free of all the personal belongings and furniture of the lessee and those who live with him,   clean, and in the same good state of conservation in which it was received, except for wear and tear due to ordinary use and the lapse of time, proceeding in the shortest possible time, to the inspection of the property by the lessor or by the person designated by him. 

 

5.6.- The delay in the eviction of the property under the agreed conditions will imply the cessation of the accrual of the rent at the end of the lease term and the accrual of a penalty to be paid by the tenant in favor of the landlord, as a result of the improper and unconsented use of the property by the tenant, which is expressly agreed as a penalty clause for an amount equivalent to twice the daily rent (calculated based on the monthly rent in force) for each day of delay. 

 

In addition, the lessee will also be obliged to pay the expenses and taxes to which it is obliged to pay by virtue of this contract, as well as the payment of any other expenses related to the property that correspond to the lessee, in force on the date of termination of the same, for the time in which the lessee maintains the improper use of the property (regardless of the number of days,  even when it's for less than a month). 

 

The tenant's permanence in the property and the payment of the amounts provided for in 

 

 

this section 5.6 will in no case be interpreted as a tacit renewal of this contract, and all this is regardless of the actions that are appropriate for the effective eviction of the property and the possible compensation for damages that may correspond in favor of the lessor by virtue of Clause 3 above. 

 

5.7.- The return of possession of the property through the delivery of keys must be carried out from Monday to Friday except holidays, from 9:00 a.m. to 6:00 p.m. and will be documented by signing a document of termination of the lease contract and its Annex I of "I received" keys. If the date of termination of the contract does not take place on a day that is a non-public holiday from Monday to Friday, the return of possession in accordance with the provisions of this clause will take place on the working day (Monday to Friday) immediately [before/after]. 

 

 
     

             

SIXTH: 

Rent, form of payment, 

updating and 

consequences of non-

payment  

 

 

6.1.- The amount of the monthly  rent is  xxxxxxx EUROS (xxxxxxx.-€), hereinafter the 

"rent". 

 

The rent begins to accrue from the Start Date. The rent corresponding to the month of commencement of the lease will be proportional to the number of days in that month in which the lease is in force, which amounts to xxxxxxxxx EUROS (xxxxx.-€). From this amount is deducted the xxxxxx EUROS (xxxx.-€) that the lessee paid as a reservation on date xx, thus amounting to the amount to be paid corresponding to the current month to xxxxx EUROS (xxxxx.-€). 

 

6.2.- The rent must be paid in the first SEVEN (7) days of each calendar month. The payment of the rent will be in euros and the tenant is obliged to direct debit the payment of the rent, authorising and signing for this purpose the SEPA order attached as Annex II. 

 

Any modification of the credit institution or bank account designated herein by the lessee shall have no effect between the Parties until the lessee reliably notifies the lessor, with at least THIRTY (30) days' notice, of the intended change, indicating the new bank (which, in the case of being foreign,  must have a branch open in Spain) and/or the current account in replacement. The rent will not be understood to have been paid until it is received in the landlord's bank account, producing the respective bank accounting entry. 

 

The payment will be sufficiently accredited by means of the appropriate receipt/proof of the transfer made, without the need to issue any receipt by the lessor. 

 

6.3.- In the event of late payment of the rent, the parties agree on an annual interest for late payment for each day of delay on the amount owed equivalent to the legal interest of the money in force at that time plus TWO (2) points, calculated daily over a year of 365 days. This interest will be generated automatically without the need for any prior request by the lessor and will accrue daily from the date of non-payment (inclusive) to the date of effective payment (excluded). This interest will be charged to the rent bill for the month following the month in which the delay occurs (and to the rent bill for the following months if the non-payment continues) or, in the event of termination of the contract, it will be settled weekly. 

 

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

 

6.4.- The rent   will be updated annually, exclusively upwards and cumulatively, on the date on which each year of validity of the contract is completed, applying the annual percentage variation experienced by the Consumer Price Index (CPI) on the date of each update, taking as the reference month for the update the one that corresponds to the last index that was published on the date of update of the contract. 

 

The landlord will send a communication to the tenant by email indicating the amount of the updated rent or will communicate the updated rent by any other means admitted by law. Any delay by the landlord in communicating the rent update or in applying the 

 

 

 

update will not be understood as a waiver by the landlord of said update. 

 

If the CPI is no longer published, the Competitiveness Guarantee Index (IGC) will be applied as a reference index. Likewise, in the event that, due to the legal imperative 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. 

 

The variations in the rent derived from the update agreed in this stipulation will be incorporated into the rent of the contract and will therefore form part of the basis for successive updates, all in accordance with the provisions of the LAU. 

 

In the event that a legal limitation on the updating of the rent has been temporarily approved, said limitation will be respected during the period in which it is in force if applicable to the contract. 

 

6.5.- Delay in the payment of any of the economic obligations arising from this contract in addition to the payment of the rent, to which the provisions of section 6.3 above will apply, will accrue, without the need for prior notice, the interest for late payment in favour of the lessor provided for in section 6.3, under the terms and conditions provided therein. 

 

The foregoing is without prejudice to the right of the lessor to terminate the contract for non-payment of the amounts assumed by the lessee under this contract, in accordance with the provisions of Clauses 12 and 13 below. 

 

6.6.- Without prejudice to the foregoing, non-payment and/or delay in the payment of rent or any other amounts owed by the lessee, is considered an express cause for termination of this contract exercisable at the discretion of the lessor, within the legal and jurisprudential limits. 

 

6.7.- The lessee must pay the invoices when due (in the first SEVEN (7) calendar days of each month). In the event that the lessee defaults, or is late in the payment of, any amount, the lessor will notify the lessee of the unpaid amount through personalized communication, respecting, in all cases, their privacy. The aforementioned communication to the tenant may be made by telephone call, ordinary mail, e-mail message, by any other telematic means or by any other means admitted by law. 

 

     

SEVENTH: 

Payment of common 

expenses, private 

expenses, taxes, 

services and supplies 

 

 

7.1.- The rent does not include the ordinary expenses of the property, i.e. the expenses and costs for the services and supplies that the property has and that are individualized by means of metering devices, which will be the exclusive account of the tenant (electricity, telephone, internet, water, gas, alarm if there is one and any other supplies and services whose expenses and costs are individualizable). 

 

The property is leased in any case with a minimum power of 2.5 kW of electricity supply, with the tenant being the sole responsibility of the payment of the expenses derived from the contracting of a higher power, if the tenant considers it necessary. 

  

7.2.- In accordance with the above, the change of ownership of the supplies in favour of the lessee is pending. 

 

In any case and until the time of the change of ownership or direct debit, the lessor party will pass on to the lessee the amount of the consumption that occurs and is transferred by the corresponding companies for the services and supplies mentioned in section 7.1 above. 

 

7.3.- Likewise, the tenant will be responsible for the installation, conservation, repair and replacement of the respective meters and other necessary elements of the facilities for the services and supplies mentioned in section 7.1 above under the conditions required at all times by the supply companies. 

 

 

 

 

7.4.- It is expressly stated that at the end of the lease contract and in order to deliver the property free of charges and contractual relations for supplies and services that may affect subsequent contracts by a new tenant, the current tenant must provide the landlord with the corresponding supporting documents issued by each of the supply companies in which it is recorded that they are up to date with the payment of the supplies and services of the property, as well as the latest invoices issued by them and the photographs of the meters when they are in the rented private area. 

 

In the event that the lessee does not proceed within TEN (10) calendar days (counting from the delivery of the keys of the leased property) to deliver to the lessor the documents referred to in the previous paragraph, the lessor may, by itself or through third parties, carry out the procedures provided for in the previous paragraph. The costs will be borne by the lessee, who must pay them to the lessor once the latter delivers the corresponding supporting invoices. 

 

7.5.- The expenses derived from water or other supplies in those Communities of Owners that are included by receipt of the community will be re-invoiced to the lessee, who must pay them either by direct debit, or by credit to the account or transfer at the choice of the lessor. 

 

7.6.- Community Fees and Property Tax (IBI): The tenant will be responsible for the ordinary expenses derived from the community of owners to which the property belongs based on the participation fee assigned to the property, as well as the IBI corresponding to the property, during the term of this contract. 

 

The community fees corresponding to the property currently amount to xxxxxxx EUROS (xxxxxxx.-€) per year, in accordance with the latest budget approved by the Community of Owners. The amount to be paid at any time by the lessee for community fees will be the one resulting from the last budget approved by the Community of Owners at any given time.  

 

The IBI corresponding to the property currently amounts to xxxxxxx EUROS (xxxxxxx.-€), in accordance with the last IBI receipt issued by the City Council on this date. The amount to be paid by the tenant as IBI at any given time will be the amount resulting from the last IBI receipt issued by the City Council at any given time. 

 

The above amounts will be passed on to the tenant together with the rent on the same invoice, which will separately state the rent and the rest of the concepts. 

 

7.7.- Notwithstanding the above, the lessor grants the lessee a grace period in the payment of the expenses of the Community of Owners and the IBI of THREE (3) years from the signing of this contract, so the lessee will proceed to pay the expenses of the Community of Owners and the IBI from the first day of the fourth year of validity of the contract. 

 

In the event that at the time of the end of the lease, provided that the aforementioned THREE (3) year bonus has ended, a receipt for the payment of IBI has not yet been issued by the corresponding municipality for the current fiscal year, the Parties agree that the IBI corresponding to the current year,     it will be assumed on a pro rata temporis basis between landlord and tenant according to the number of days that the tenant has rented the property during that year, based on the result of multiplying 1.05 by the amount of the IBI of the immediately preceding year, without prejudice to the subsequent settlement that corresponds once the final amount of the IBI for that year is known. 

 

On the other hand, if at the time of termination of the lease, the lessor has a letter of payment, a certificate from the town hall or any other document from the City Council stating the fee to be paid for IBI for the current year, the lessee will pay on a pro rata basis the proportional part corresponding to the days that the lease has been in force during that year.  on the basis of that quota. 

 

7.8.- The lessor undertakes to make its best efforts to ensure the habitability of the property. 

 

     

However, in the event of interruptions or cuts in any of the general or individual supplies and services of the property that are not caused by the lessor, the lessor will not assume any responsibility, nor will he be obliged to make rent reductions or any other amount, and the lessee will not be able to terminate this contract and will continue to pay the established rent. 

 

7.9- In the event that the tenant has a security alarm installed in the property, he/she undertakes to cancel it before the end of the lease and will collaborate with the lessor to facilitate the installation of a new alarm if requested. In any case, the responsibility for returning the alarm to the security company that owns it lies with the lessee. 

  
  


 

   OCTAVE: Other 

Expenses and 

Taxes  

 

 

 

 

 

8.1.- In the event that there is, at this time or in the future, the waste collection fee or similar or similar taxes will be paid by the lessee, and the lessor will re-invoice them to the lessee, having to pay it either by direct debit, or by credit to the account or transfer, at the lessor's choice. 

 

[The waste collection fee corresponding to the property currently amounts to xxxxxxx EUROS (xxxxxxx.-€) per year, in accordance with the last receipt issued by the Administration for this fee in relation to the property. The amount to be paid by the lessee for the waste collection fee will be the amount resulting from the last receipt for said fee issued by the Administration at any given time]. 

 

8.2.- The  lessee will be responsible for any taxes arising from the formalisation of the contract, whether they are a single or periodic accrual, including, without limitation, the Tax on Property Transfers and Documented Legal Acts in the form of Onerous Property Transfers as provided for in current legislation. The lessee undertakes to settle the corresponding taxes in a timely manner and to hold the lessor harmless party from any liability that may arise for the lessor as a result of the lessee's breach or defective compliance with this obligation. 

     

   

NOVENA:  

Repairs and works 

 

  1. 1.- Works to be carried out by the lessee 

 

9.1.1.- In the event that the lessee wishes to carry out works on the property that modify the configuration of the property (including its leased accessories), they must have the prior written consent of the lessor, for which the lessee must reliably notify the lessor in writing, prior to their execution. If the lessor authorises the execution of the works, these will be charged, on behalf of and under the responsibility of the lessee and will remain for the benefit of the property (unless expressly agreed otherwise), without the lessee being entitled to indemnity or compensation, at any time. The municipal permit, or any other, that may be necessary to carry out the works will also be at the expense of the lessee, as well as the technical or project management, where appropriate, and all the responsibilities that may arise from the work. In the event that the lessor does not expressly consent to the execution of the aforementioned works by the lessee, these may not take place under any circumstances. 

In any case, the lessee must hold the lessor harmless from any damages that may be caused to third parties by carrying out unconsented works or not in accordance with current regulations or legislation. 

 

It is forbidden to drill holes in kitchen and bathroom walls, floors, doors (including those of the cabinets that are delivered with the house), built-in shelves, and tiling of the property, as well as to deposit pots on the wooden floor or other porous surfaces that are in the house, in order to avoid damage to them due to humidity. 

 

Contravention of the above obligations will entitle the lessor to terminate this contract. Likewise, the lessor may demand the restoration of the things to their previous state or keep the modification made under the terms established in the LAU and will be entitled to the 

 

 

corresponding compensation for damages. 

 

9.1.2.- The lessee will assume, at his own expense and at his own expense, the small repairs required by the wear and tear of the property, such as replacement of light bulbs, maintenance of electrical appliances in general, repair or replacement of small appliances and kitchenware, ordinary plumbing work, maintenance of air conditioning/heating systems, painting,     preventive maintenance, etc. 

 

Likewise, the lessee will assume the repairs derived from the deterioration attributable to the lessee or the people who live with him. 

 

  1. 2.- Works to be carried out by the lessor 

 

  1. 1.- The regulations in force at the signing of this contract will be applicable. 

 

9.2.2.- The parties agree that, in the event of the need for urgent repair works that correspond to the lessor, the lessee will immediately notify the lessor, who undertakes to carry out said repair with the utmost urgency. If after FIVE (5) working days from the lessee's notification, the lessor has not carried out the necessary repair, the lessee may carry out the repair itself to avoid imminent damage or serious discomfort, as long as the works do not affect common elements and comply with the applicable regulations and immediately demand its amount from the lessor. 

The lessee must also inform the lessor, as soon as possible, of the need to carry out the repairs provided for in section 9.2.4 below, even if these are not urgent. 

 

In the cases provided for in this section 9.2.2., the lessee must provide the lessor with direct verification, by himself or by the technicians he designates, of the condition of the property. 

 

9.2.3.- In accordance with article 19.4 of the LAU, at any time from the beginning of the validity of this lease agreement and with prior agreement between the lessor and the lessee, improvement works may be carried out on the leased property and the rent of the contract may be increased, without this implying the 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 new start of the calculation of such periods. 

 

9.2.4- The lessor will assume the repairs that are necessary to keep the dwelling in habitable conditions to serve the agreed use, except when the repair of the deterioration corresponds to the lessee in accordance with the provisions of section 9.1.2. above. Consequently, the landlord undertakes to carry out and pay in full for the works, repairs and/or replacements necessary to keep the property in habitable conditions to serve the agreed use, except when the repair of the deterioration corresponds to the tenant. 

 

 
     

     

TENTH: 

Bond, 

Additional 

Guarantee and 

Insurance. 

 

10.1.- The lessee delivers the sum of xxxxx EUROS (xxxxx.-€), corresponding to ONE (1) monthly rent as a deposit. This deposit has the concept of a guarantee deposit and must be returned to the lessee, if at the end of the term of the lease, the tenant is up to date with payment, the property has been preserved and returned in accordance with this contract and the lessee is current with the rest of his obligations derived from this contract. 

 

The aforementioned deposit is delivered to the lessor, as indicated in the contract, by bank transfer ordered on this date to the lessor'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 duration of the contract, the deposit will not be subject to update, but each time the lease is extended, the deposit will be updated so that it is equivalent to ONE (1) monthly payment of the rent in force at that time. 

 

The lessor undertakes to make the deposit of the legal deposit in accordance with the applicable regional regulations. 

 

 

 

 

10.2.- In addition, as an additional guarantee, the lessee delivers the amount of xxxxxxx EUROS (xxxx.-€), [equivalent to one or two monthly payments of the rent]. The additional guarantee will be returned to the lessee, if at the end of the term of the lease, the tenant is up to date with payment, the property has been preserved and returned in accordance with this contract and the lessee is up to date with the rest of his obligations arising from this contract. 

 

Both the legal deposit and the additional guarantee are established as a guarantee of the legal and contractual obligations of the lessee. 

 

Like the deposit, the additional guarantee is delivered to the lessor, as indicated in the contract, by bank transfer ordered on this date to the lessor's bank account with IBAN: xxxxxxxxxxx, in the manner described in Section III of this contract. 

 

The amount of the additional guarantee will be updated every year from the signing of this contract, so that it is equivalent at all times to [1 or 2] monthly payments of the rent in force at the time of the update. The lessee shall deliver to the lessor the amounts corresponding by virtue of this update, if any, together with the payment of the rent immediately following the date on which the new amount of the additional guarantee is communicated by the lessor to the lessee; If, on the other hand, it is the Lessor's responsibility to return any amount of the additional guarantee to the Lessee by virtue of the update of the guarantee, this amount will be deducted from the next monthly rent to be paid from the date on which the new amount of the guarantee is communicated by the Lessor. 

 

10.3.- The existence of the deposit and additional guarantee will never serve as a pretext to delay the payment of the rent or any other amounts whose payment has been assumed by the tenant, including the rent and other amounts corresponding to the last month of validity of the contract. 

 

10.4.- The amount of the deposit and additional guarantee does not act as a limiting amount of the lessee's liability for its obligations arising from this contract or of the possible compensation for damages and/or penalties to which it may be obliged. 

 

In the event that the lessor executes, in whole or in part, the deposit and/or the additional guarantee as a result of any breach by the lessee under this contract, the lessee must deliver to the lessor the amounts that are necessary in such a way that the lessor has at all times a deposit and additional guarantee for the amounts established in this contract. 

 

10.5.- HOME INSURANCE: The lessee undertakes to take out home insurance in force throughout the term of the lease contract, to cover liability for damage to third parties and, likewise, to cover the contents of the rented property, with a minimum coverage of €10,000 for claims coverage including, but not limited to,     [water damage, fire and electrical damage], which must be in force from the date of formalisation of the lease contract. 

 

The lessee hereby authorises the lessor to take out on its behalf, with the lessee being the policyholder and insured, the home insurance described in the previous paragraph, without prejudice to the lessee's liability for damage caused by the use of the rented property under the terms and conditions provided for in this contract. The cost of this insurance and its renewals will be borne by the lessee, expressly authorising it to be debited from the same account where the rent bill is debited. For this procedure, the lessee must provide all the reasonable documentation required to arrange the aforementioned insurance. Once the contract has been signed with the insurance company, the lessor will provide a copy of it to the lessee. 

 

The initial annual premium for this insurance amounts to xxxx EUROS (XXX.-€) and will have the rest of the terms and conditions described in Appendix V. The lessee shall prove that they are up to date with the payment of the insurance premiums when requested to do so by the lessor. Likewise, the lessee must provide the lessor with a copy of the insurance renewals, when the lessor so requests. 

 

 

 

 

Failure by the lessee to pay the premium derived from the aforementioned insurance is considered a fundamental breach and will be cause for termination that will allow the lessor to request the termination of the contract. 

 

If the lessee withdraws from the lease prior to the end of the current annuity covered by the insurance, the premium corresponding to said annuity will not be prorated between lessor and lessee. 

 

Nothing in this clause should be construed as obligating the renter to maintain the home insurance taken out by the lessor on behalf of the renter under this section for the entire term of the contract. The lessee shall have the right to replace said insurance at any time, at their own expense and expense, provided that they maintain home insurance during the term of the contract that complies with the conditions set out in the first paragraph of this section 10.5. Likewise, if you already have home insurance that meets the requirements of this clause at the beginning of the lease and it is possible and you want to bring said insurance to comply with this obligation to this lease, accrediting said insurance, compliance with its requirements, validity and validity prior to the signing of the lease contract. 

 

     

ELEVENTH: 

Obligations of the lessee. 

 

 

11.1.- The lessee is also obliged to: 

 

  1. The payment of the rent, with its legal and/or contractual increases and of the expenses, services and taxes agreed in the manner provided, including the deposit and additional guarantee. 
  2. Carry out and pay for repairs for damage to the rented property attributable to the lessee. The lessee will also be responsible for minor repairs required by wear and tear due to ordinary use of the leased property. 
  3. Not to assign the contract or sublet totally or partially the property subject to this contract, nor to use the property, totally or partially, for lodging or any modality included within it, without having the prior, express and written consent of the lessor. 

 

  1. Inform the landlord, as soon as possible, of the need to carry out the necessary repairs to keep the property in habitable condition. 

 

  1. Vacate the property subject to lease, under the terms provided for in this contract, on the date of termination of this contract. 

 

  1. Respect the current rules of the Community of Owners and those contained in the current Horizontal Property Law that are applicable to it, obliging, in particular, not to disturb the normal functioning of the community of owners to which the leased property belongs. 

 

  1. Maintain and update the deposit and guarantees contained in this contract. 

 

  1. When there is a reasonable explanation, the lessee undertakes to cooperate to allow access to the rented property to technicians of the lessor or to third parties sent by the lessor or contracted by the latter. Reasonable causes for access to the leased property will be considered, among others, the carrying out of appraisals and the carrying out of visits by possible third-party buyers. The lessor will notify the lessee sufficiently in advance, so that the visit can be carried out on the date and time agreed by the Parties, causing the least inconvenience and damage to the lessee. 

 

  1. Likewise, the lessee is aware and accepts, in the event that third parties are interested in acquiring, in whole or in part and directly or indirectly, the rented property, or if the lessor requires for any reason to appraise the rented property, the communication to third parties of the lease agreement with the data 

 

 

incorporated therein and the receipts of payment of the rent and other amounts due or of the lessee's liability by virtue of this contract. 

 

  1. To respect and comply with the rest of the legal and contractual obligations provided for in this contract or that are applicable to it by virtue of the applicable legal regulations. 

 

  1. Not to carry out acts that may invalidate or damage the general insurance of the property or building in which it is located. 

 

11.2.- The contravention of any of these obligations, if material, found by the lessor, will constitute cause for termination of the contract, which will entitle the lessor to terminate the contract. 

 

 
     

                   

TWELFTH: 

Termination of the contract. 

 

 

12.1.- This contract will be terminated by the expiry of the fixed term and, where appropriate, its extensions. In this case, neither Party shall be entitled to claim any compensation from the other Party in respect of this. 

 

12.2.- It may also be terminated in advance, at the request of either of the Parties and by means of reliable communication to that effect to the other, due to the other Party incurring in substantial breach of any of the obligations assumed in this contract, in accordance with the provisions of Clause 13 below. 

 

In particular, the Parties expressly agree that the non-payment of the monthly rent or any other amounts assumed by the lessee by virtue of this contract will be cause for termination of the contract, within the legal and jurisprudential limits. 

 

 

 

                   

THIRTEENTH: Causes for termination of the contract due to noncompliance. 

 

 

13.1.- Failure by any of the Parties to comply with the obligations arising from this lease agreement shall entitle the Party that has fulfilled theirs to demand compliance with the obligation or to promote the 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 by operation of law in the cases contemplated in article 27 of the LAU and in the event of non-compliance with the obligations agreed in this lease contract for which it is contemplated that this will be grounds for termination, within the legal and jurisprudential limits. 

 

By way of example and not limitation, the lessor may terminate this lease agreement by operation of law for the following reasons: 

 

  1. Carrying out annoying, unhealthy, harmful, dangerous or illegal activities in the rented property by the lessee. 

 

  1. Carrying out damage caused intentionally or from unauthorised works on the property by the lessee, as well as any work that causes a decrease in the stability or security of the property. 

 

  1. Failure to pay rent or other amounts that have been assumed or correspond to the tenant according to the contract. 

 

  1. Failure to pay the deposit and the additional guarantees indicated in the contract and the amount of the update of the deposit, and/or additional guarantee [and/or renewal of the bank guarantee] in accordance with the provisions of the Parties to this contract and the provisions of the regulations. 

 

  1. Non-consensual assignment or subletting. 

 

 

FOURTEENTH:  

Notifications  

 

 

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

 

                                          arrendador: xxxxxxxxxxxxxxx                                             arrendatario: xxxxxxxxxxxx 

 

and the following addresses: 

 

                    arrendador: Calle xxxxxxxxxxxxxx 

                                          arrendatario: xxxxxxxxxx 

 

14.2.- Communications must be made by electronic communication in a preferential manner, provided that the authenticity of the communication and its content is guaranteed and there is a reliable record of the complete sending and receipt and of the time at which they were made. In the event of impossibility, non-operation of the e-mail service or that the above requirements for e-mail communications are not met, communications will be made by registered mail or by burofax. 

In the same way, the lessee may terminate this lease contract by operation of law for the following reasons: 

 

  1. The failure of the lessor to carry out the repairs referred to in article 21 of the LAU. 

 

  1. The disturbance of fact or law made by the lessor in the use of the property. 

 

13.2.- In the event of termination of the contract due to breach by any of the Parties, the property must be returned immediately to the lessor, under the terms and conditions provided for in Clause 5 above. 

 

FIFTEENTH:  

Jurisdiction  

 

 

15.1.- For any action, whether contractual or non-contractual, arising in relation to this lease agreement, the Parties agree to submit to the jurisdiction of the courts of the place where the leased property is located. The Parties expressly waive any other jurisdiction that may correspond to them unless it is imperatively imposed. 

 

SIXTEENTH: Data protection and                  inclusion of debt default data         in 

common solvency files. 

 

 

 17.1.- Who is responsible for the processing of your personal data? 

 

In compliance with General Regulation (EU) 2016/279 and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, the lessee is informed that the personal data provided and those derived from the relationship will be processed by xxxxxxxxxxxxxxxxxx, with NIF:   ……………………. and email: ........................... as a data controller. 

The data controller has entrusted the real estate management services to CLIKALIA MANAGEMENT SERVICES S.L. with C.I.F. number B-56917008, who may access and process your personal data, as data processor, for the provision of said management services. 

The renter can contact the data protection officer at ......................................

 

17.2.- 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 derivative actions between lessor and lessee. Management, development and maintenance of the contract. 
  • Management of the maintenance of the property through third parties to carry out review or repair processes. 
  • Economic management of payments and receipts and control of percentages for 

 

 

 

the preparation of invoices.     

  • Attention to incidents arising from the contract. 
  • Satisfaction surveys with the aim of integrating improvements in the management of quality processes in relation to lease management. 
  • Management of the deposit of the legal deposit in the competent Bodies. 
  • Possible enforcement of guarantees. 
  • Sending communications and warnings, by email or SMS, about incidents or any other problem in relation to the building. 
  • Management, registrations and deletions of users in the ......................................... client area for the resolution of incidents in relation to the property, and other related services. 
  • Corporate control and compliance activities with the obligations of the Parties. 

 

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

 

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

 

  • Execution of the contractual legal relationship established between the Parties. 
  • Legal compliance with the national and regional regulations that are applicable, in particular, Law 29/1994 of 24 November on Urban Leases, tax laws and the Civil Code. 
  • Legitimate interest of the lessor in knowing the possible incidents or areas of improvement in its quality system. 
  • Landlord's legitimate interest in keeping you informed about products and services in connection with the lease. 
  • Legitimate interest in defending the interests of the Parties in the event of a conflict. 

 

17.4.- How long will your personal data be kept? 

 

The lessor will keep the lessee's personal data for the period in which the contractual relationship is in force, keeping the aforementioned data thereafter, duly and appropriately blocked, for the limitation period of the actions that may be exercised in accordance with the applicable civil legislation. 

 

17.5.- To whom will your personal data be transferred? 

 

The data will be communicated to: 

  • banking and financial or credit institutions for the economic management of the 

lease; 

  • insurance brokers and insurance companies for the purpose of allowing the management of the activities necessary for the contracting of building and contents insurance policies in the event of damage or possible losses occurring in the leased property; 
  • Tax Agency and other competent state, regional and local administrations and public entities, for the purposes of carrying out the corresponding tax returns (taxes and fees); 
  • entities of the state, regional or local public administration with a legal obligation to communicate leases and for the deposit of deposits; 
  • to the City Council of the corresponding municipality in relation to the joint management of land and urban planning of the city; to energy (electricity, gas, etc.) and water companies in order to process the change of ownership of the supply contracts in the event that the lessee has requested the lessor to manage this change (if there is no change of supplier, to manage access in order to facilitate the readings of the services); 
  • Courts and Tribunals for the management and resolution of possible incidents arising from the lease; financing entities and their advisors for the granting of financing to the company that owns the property; Control bodies for the prevention 

 

 

 

 

of money laundering and terrorist financing; State Security Forces and Corps in the event of any security incident occurring in accordance with formal requirements 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 in charge of carrying out an appraisal of 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 operation. 
  • Likewise, your data will also be communicated to the Property Manager, CLIKALIA MANAGEMENT SERVICES, S.L., who will act as the data processor for the fulfilment of the obligations set out in the contract. 

 

 

In the event of non-payment of amounts of your liability, for any amount or sum accumulated, according to this contract and in accordance with the applicable legislation (i.e., when the debt is certain, due and payable and its payment has been previously requested by the lessor to the lessee), your personal data may be communicated to the national or international patrimonial insolvency file,  decided by the lessor, based on the legitimate interest of fraud prevention, or any other civil or criminal wrongs, such as EquifaxASNEF/RAI/CCI/RIJ/BADEXCUG-Experian. 

 

In the event of the incorporation of the tenant's non-payment data in a negative financial solvency file, at the request of the lessor, the lessee will receive, within a maximum period of one month from the registration of the debt in the file, a communication from the owner of the file in question informing him of the incorporation of his data and of the possibility of exercising the rights contemplated in articles 15 to 22 of the Regulation General (EU) 2016/679

 

In any case, the lessor does not assume any liability arising from the failure of the owner of the corresponding file to make the aforementioned communication to the debtor lessee. 

 

No international transfers of personal data are planned. 

 

 

17.6.- What are your rights?  

 

The interested parties may exercise their rights of access, rectification, deletion, portability, limitation and opposition by writing to the email of the Data Protection Officer of the RESPONSIBLE at the following email address: ......................................Likewise, the interested parties have the right to complain to the Supervisory Authority (Spanish Data Protection Agency: www.aepd.es)

 

 

17.7.- Direct debit order (SEPA). 

 

In accordance with and in compliance with the provisions of General Regulation (EU) 2016/279 and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, ........................................... 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 specific charges for the provision of services carried out by the Data Controller] and the processing of certificates from the Public Treasury. 

 

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

 

The data will be kept for as long as the relationship is maintained and its deletion is not requested and, in any case, in compliance with the legal limitation periods that are applicable to it. 

 

 

 

DECIMOSEPTS

Prevention of 

Money 

Laundering and                  Terrorist  

Financing  

 

 

18.1.- Prevention of money laundering and terrorist financing: 

 

Within the framework of the granting of the contractual relationship, if applicable, the lessee shall provide the lessor, when required by the lessor, in a truthful and complete manner, with all the information and documentation necessary and required for the purposes of the lessor being able to comply with its obligations under Law 10/2010, of 28 April 2010 and other regulations governing the prevention of money laundering and the financing of the terrorism, and expressly authorises the landlord to carry out the verification updates that it deems appropriate for this purpose. 

Failure by the lessee to provide the lessor with the information and documentation required by the lessor to comply with the aforementioned legislation will be sufficient cause for the lessor to be entitled to terminate the contractual relationship with the lessee, within the legal and jurisprudential limits. 

 

18.2.- The Hirer accepts and declares that he/she has read and understood the terms and conditions set forth above. 

 

 

ANNEX I: CONDITIONS FOR THE LEASE OF A LEGAL PERSON'S DWELLING - CLIKALIA ASSET MANAGEMENT ALQUILER 

 

Data transfers are planned to banks and savings banks for the direct debit of bills and oneoff charges, the Public Treasury for compliance with legal obligations and Companies of the Group to which ................................ belongs, in order to comply with reporting obligations  and regulatory compliance policies within the Group's companies. 

 

No international data transfers are planned. 

 

Consequently, the lessee states that: 

 

 

Second:  Object 

 

 

2.1.- By signing the Contract and by virtue of it, the Lessor assigns the Property on lease to the Lessee, who accepts it, for the price, term and other conditions established in 

 

First:  Nature and Applicable 

Regime 

 

 

 

1.1.- Nature. 

 

The lease of the property is a lease of urban property intended for use other than housing. 

 

1.2.- Applicable regime. 

 

The lease of the Property is subject to the provisions of Law 29/1994, of 24 November, on Urban Leases (hereinafter the "LAU") and, in accordance with article 4.3 of the LAU, will be governed by: (i) firstly, the will of the Parties contained in this Contract, (ii) secondly, the articles of Title III of the LAU that have not been expressly excluded in this Contract,  and (iii) supplementarily, the provisions of the Spanish Civil Code. The foregoing, without prejudice to the application to the lease of the Property of Titles I and IV of the LAU, of an imperative nature. 

 

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

 

                                       

 

 

 

this Contract, and as a certain body. 

 

2.2.- The Lessee receives the keys and the free possession and disposal of the Property on the Start Date as established in this contract, whose condition, both physical and legal, and characteristics he declares to know and accept by having previously checked them, considering it also suitable for the agreed use. 

 

The Lessee will receive the Property in conditions to be used for the purposes of this contract, finding it in conformity for such use, without prejudice to the incidents that may arise from defects, insufficiencies or breakdowns in the general connections, supply pipes or structural elements and, in general, deficiencies that are not susceptible to appreciation at first glance. 

 

2.3.- In the event that the rented Property is furnished in accordance with the attached inventory, the Lessee will be responsible for the deterioration of the respective movable property for any damage or harm caused to them, breakdowns or defects caused by misuse, negligence or willful misconduct, for the amount according to the market value of each of the damaged goods at the time the Lessee communicates the damage,   damage, damage or damage to the property, or if this has not occurred at the time of termination of the contract, when this is discovered by the Lessor after the recovery or return of the leased property. This amount must be paid by the Lessee to the Lessor at the mere and simple request of the latter within 3 days following said request and, otherwise, it may be deducted from the deposit and additional guarantee. 

 

            

Third  

Destination and permitted use 

 

 

3.1.- The Lessee may use the Property for the exercise of any activity of its corporate purpose as of today (the "Permitted Use"), complying under its responsibility with the legal requirements of such activity. It is expressly forbidden for the Lessee to use the Property in the form of a rental for tourist use. Any liability or penalty arising from the use or exploitation by the Lessee of these, including any direct or indirect costs, including damages, will be the responsibility of the Lessee, with full indemnity in favour of the Lessor. In this sense, the Property will be used by the Lessee exclusively for the usual development of its XXXXXX activity, while the parking spaces may only be used for vehicle parking. The Lessee may only use the Property for use other than that described in the previous paragraph if he obtains prior written authorisation from the Lessor. 

 

3.2.- The Lessee may not use the Property in whole or in part for activities that may be especially noisy, harmful, fetid, dangerous or morally offensive; or to hold any type of auction; or hold meetings or rallies of illegal, prohibited, annoying or unhealthy activities; nor can the property be used for activities prohibited by the Statutes or by agreement of the Community of Owners. In no case are parties allowed in the Property, this being cause for termination of the contract. It is not allowed to carry out drilling, holes, shoring or other similar acts in any of the tiling of the rented property or its dependencies or annexes. Failure to comply with these conditions is cause for termination of the contract, and without prejudice to the liability for damages and corresponding compensation. 

The Lessee may not use or allocate the Property, either totally or partially, for the residence or residence of people, not even employees of the Lessee, on a regular or temporary basis or even occasionally. 

 

3.3.- The Lessee declares that he/she has obtained or will obtain, before starting his/her activity in the Property, and that he/she will continue to be the owner of the same during the term of the lease, all the permits, authorisations, licences required by the Spanish authorities, at the time of formalisation of the Contract or in the future (in which case he/she undertakes to obtain them within the legally established deadlines 

 

 

for this purpose).     in relation to their use of the Property, being at the Lessee's expense and risk the obtaining and maintenance of such permits, licenses and authorizations. The Lessor will provide the Lessee with the documentation in its possession that is necessary for the application for the aforementioned permits, authorisations and licences. The Lessee shall be responsible for compliance with the terms of any permits, authorisations and/or licences obtained and shall indemnify the Lessor for any damage or harm that the Lessor may suffer as a result of the Lessee's failure to comply with the terms of any permit, licence or authorisation or, in general, as a result of any claim affecting the use made of the Property. In no case will the Lessor be liable for the total or partial refusal, for reasons not attributable to the Lessor, of the aforementioned licences, authorisations and permits, and the Lessee waives any claim against the Lessor for these concepts. 

 

3.4.- The Lessee must respect the provisions of current legislation and the rules of the Community of Owners of the building, especially regarding the use and enjoyment of common elements and services, as well as regarding peaceful coexistence in the Community and prohibited activities. This contract expressly authorises the Lessee to attend the meetings of the communities of owners where the possible limitation of the actual or potential use of the Property is to be discussed so that the Lessee may vote only against said claim. For the purposes of being informed about the call for these meetings, the Lessee is authorised to request information from the corresponding Property Administrations or Communities of Owners on the call for this type of meeting. 

 

Therefore, nothing may be required or claimed from the Lessor in the event that any contingency arises from the agreements of the Community for the Lessee. 

 

3.5.- The Lessee has the right to install in the Property and to remove from it any movable property of his/her property in compliance with the applicable laws and regulations, and except for the exceptions contained in this Contract. The Lessee will be, during the duration of the contract, responsible for these elements, without prejudice to the obligations assumed by third parties, holding the Lessor harmless from any direct or indirect damages arising from all of the above. 

 

    

            

Fourth Cession.  

Subletting and preemptive acquisition rights 

 

 

4.1.- The Parties agree to exclude the application of article 32 LAU, so the assignment of the Contract, and the total or partial subletting of the Property is prohibited. In other words, it is expressly established that the Lessee may not assign or sublease all or part of the leased Property, or transfer or transfer to a third party its rights or its contractual position in accordance with this Agreement, except with the prior written consent of the Lessor. In general, the transfer of control, direct or indirect, of the Lessee will be considered a transfer. In particular, the transfer of any of the shares or shares of the Lessee, or of those companies that directly or indirectly control more than fifty (50%) of the Lessee, will be considered a change of control. On the other hand, the change in the person of the Lessee as a result of the merger, spin-off or transformation of the Lessee company, will not be considered as an assignment, provided that it is between companies of the Lessee's group in accordance with the definition of article 42 of the Commercial Code. 

 

4.2.- The rights derived in favor of the Lessee by virtue of the Contract may not be subject to any lien or charge. The seizure, assignment or execution of any kind of the rights derived from this Contract will be considered as a non-consensual assignment, enempowering the Lessor to terminate this Contract. 

 

 

 

4.3.- The Lessee knows and accepts that the Lessor may assign its position as lessor in favour of a third party, under the terms that are legally applicable. 

 

4.4.- In the event of alienation or transfer by any title of the rented property, the Lessee hereby expressly waives his right of pre-emptive acquisition provided for in article 31 LAU, in relation to the provisions of article 25 of the same regulatory body and article 31 LAU itself. 

 

    

            

Fifth   

Duration of the term. 

Extension, withdrawal and return of the property 

 

 

5.1.- Duration of the term. 

The Contract shall have an initial duration of FIVE (5) years (the "Term") from day ___ (hereinafter, the "Commencement Date"), but with a minimum period of mandatory performance (for both Parties) of TWENTY-FOUR (24) months (the "Mandatory Term") from the day of entry into force of the contract, this is, according to its commencement date indicated in the main document. 

5.2.- The Lessee will have the option to terminate this Contract at any time, provided that it notifies in writing its will in this regard at least NINETY (90) days in advance of the scheduled date of termination. 

5.3.- If the Lessee exercises this power in the first TWENTY-FOUR (24) months of the Mandatory Term, he must pay the Lessor the entire remaining rent of the first two (2) annuities and the expenses; in this case, in addition, the Lessee must pay the Lessor in full the rent and subsidised expenses in the grace periods indicated in the contract. Once the mandatory compliance has passed, each party may terminate the contract at least NINETY (90) days in advance, notifying the other party and there will be no penalty for the party that terminates the contract, without prejudice to the settlements that proceed on the date of the return of the property and according to the state in which it is. At the end of the fifth year of validity of the contract, it will be renewed for annual periods until the lease reaches a maximum duration of [...] years, unless one of the parties terminates the contract to the other by notifying it NINETY (90) days in advance. 

5.4.- Upon termination of the lease contract, the Lessee must return to the Lessor the keys and the free possession and disposal of the property, empty, clean, and in the same good condition in which it was received, proceeding in the shortest possible time to the inspection of the property by the Lessor or by the person designated by him. 

5.5.- Failure to comply with the provisions of the previous section, including the mere delay in the eviction of the property, will imply compensation in favour of the Lessor, as a result of the improper use of the property by the Lessee, which is expressly agreed as a penalty clause for an amount equivalent to €150 per day of delay, and without the need to prove damages of any kind.  AND THAT IT WILL NOT PREJUDGE THE COMPENSATION THAT IS LEGALLY DUE FOR DAMAGES, being also obliged to pay the expenses to which it is obliged to pay by virtue of this Contract, in force on the date of termination of the same, for each month or fraction of a month (in this case, whatever the number of days) in which the Lessee maintains the improper use of the property. 

            

 

Sixth 

Rent, payment method, updates and consequences of nonpayment 

 

6.1.- The lease agreed in this Contract will generate a monthly rent of XXXXX.XX.-€ from the Start Date, which must be paid by the Lessee to the Lessor within the first 7 calendar days of the respective month, plus value added tax at the legal rate in force at any given time. Hereinafter, the "Income". 

The Income does not include the Property Tax, the Carriage Passage Tax, the Waste Tax, community fees, general and supply expenses, such as; water, electricity, maintenance of the lift and air conditioning, if any, or other consumption or expenses that must be paid by the Lessee. 

 

 

 

6.2.- The Income will be paid by means of a Direct Debit Order or SEPA mandate that is attached as Annex III. Any modification of the credit institution and bank account designated in this act will not have any effect between the Parties as long as the Lessee does not reliably notify the Lessor, with at least thirty (30) days' notice, of the intended change, indicating the new bank with branches opened in Spain and the current account in its replacement. The rent will not be understood to have been paid until it is received in the Lessor's bank account, producing the respective bank accounting entry. In the event of late payment of the rent, the Parties agree on a default interest per day of delay on the amount owed of the legal interest. This interest will be automatically applicable and due, without the need for any requirement by the Lessor. 

6.3.- Income will be revised annually, automatically and only upwards in accordance with the increases in the General Consumer Price Index National Version ("CPI") published by the National Institute of Statistics or entity that replaces it, in the 12 months prior to the date on which the update takes effect. For these purposes, the update date will be the day indicated on the date of this contract for each respective year. The resulting updates under the system described above are applied cumulatively for the duration of this agreement. The fact that the invoice on the date of the update does not indicate the amount of the update does not imply a waiver of the same by the Lessor. 

The variations in the rent derived from the update agreed in this stipulation will be incorporated into the rent of the contract and will therefore form part of the basis for successive updates, all in accordance with the provisions of the LAU. In the event that the limitation on the application of the index indicated above has been temporarily approved, said limitation will be respected during the period in which it is in force if applicable to the contract. 

6.4.- Delay in the payment of any of the economic obligations arising from this contract that do not refer to the monthly rent, to which the provisions of section 6.2 above will apply, will accrue, without the need for prior notice, a default interest in favour of the Lessor equivalent to the legal interest of the money until the date of effective payment of all the amounts due. 

6.5.- All damages resulting from the non-payment of any amount whose payment corresponds to the Lessee, will be borne by the Lessee. These amounts may be passed on by the Lessor to the Lessee, without the need for prior notice to this effect, in the receipt of the following monthly payment, attaching the appropriate supporting documents. 

6.6.- Failure to pay and/or delay in payment of rent due to a delay in payment of more than one (1) consecutive or alternate month, and in the rest of the amounts owed, are considered express causes for termination of this contract exercisable at the discretion of the Lessor after the first breach. It is expressly agreed that the rent owed, including the interest for late payment referred to in point 6.2, after the termination of the contract, which is pending payment will accrue an annual default interest equivalent to the legal interest of the money plus 3 percentage points. All expenses arising from a judicial or extrajudicial claim for non-compliance, eviction, resolution, claim for amount and/or compensation for damages arising from the lease will be borne by the debtor or defaulting party. 

6.7.- Collection expenses for the return of debts. 

The Lessee must pay the invoices when due (in the first 7 calendar days of each month in the event that the invoice is for rent collection). In the event that the Renter fails to pay their invoice, the Lessor will notify them of the unpaid amount through personalized communication, respecting, in all cases, their privacy. The aforementioned communication to the Lessee may be made either by telephone call, 

 

 

ordinary mail, e-mail message, or by any other telematic means. 

xxxxxxxxxxxxxxxxxx. may pass on to the Lessee the expenses effectively incurred for the aforementioned non-payment of invoices. These costs include those incurred by the Lessor in connection with the arrangements made for the recovery of the amounts of unpaid invoices. 

In addition, xxxxxxxxxxxxxxxxxxxxxxxx. may pass on to the Lessee who has paid the bills by direct debit by means of SEPA mandate, as collection costs for each unpaid invoice up to TWENTY-FIVE EUROS (€25.00), without prejudice to the possibility of exercising other actions, including, among others, the execution of a deposit, additional guarantee and other guarantees existing in each case, as well as the inclusion, where appropriate, of  of the Lessee's data in solvency and credit files where appropriate. 

6.8.- Invoicing. 

A)             Income Invoice. 

The Lessor will send the Lessee an invoice, with all the legally enforceable requirements, for each monthly payment of Rent, plus the applicable VAT (or the tax that replaces 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 issuance of electronic invoices by the Lessor. B)            Tax invoicing. 

When the Lessor includes in the invoice the payment of taxes (Property Tax, Garbage Collection Fee, etc.) in accordance with the provisions of this Contract, it must identify them as a separate item for the amount corresponding to said concept, increased with the applicable VAT (or the tax that replaces it in the future), and will accompany the aforementioned invoice with a justification of the amount whose payment is requested. 

C)                Invoicing of Property Expenses. 

The Lessor may include in each monthly invoice the payment of the Property Expenses in accordance with the provisions of this Contract. To this end, they must identify these expenses as an independent item of the Income Tax by increasing them with the applicable VAT (or the tax that replaces it in the future) and taxes, and will accompany the aforementioned invoice with a justification of the amounts whose payment is requested. 

 

    

            

Seventh  

Payment of common expenses. 

Private, services and supplies 

 

 

 

7.1.- The rental price does not include the ordinary general expenses of the property, i.e. the supplies or expenses for services that the property has and that are individualized by means of metering devices, which will be the exclusive account of the Tenant (electricity, telephone, water, gas, alarm if there is one and any other supplies,  and other individualisable expenses, which will be borne by the Lessee) and the Lessee must proceed to the securitisation of the same. 

7.2.- The Lessee expressly authorises the Lessor to carry out on its behalf the change of ownership corresponding to: 

- Change of ownership of electricity, individualised gas, heating, alarm (if any) and water supply (in accordance with the authorisation attached as ANNEX II) This service will have an additional cost of NINETY EUROS (€90.00) + VAT, ONE HUNDRED AND EIGHT EUROS AND NINETY EURO CENTS INCLUDING VAT (€108.90). This amount must be paid at the time of formalisation of this lease contract, being an 

 

 

 

 

essential element for the materialisation and effectiveness of this document. Credit account number: 

 

IBAN: xxxxxxxxxxxxxxx 

Concept: Floor code – Changes in ownership of supplies 

 

7.3.- The Lessee will be responsible for the installation, conservation, repair and replacement of the respective meters and other necessary elements of the installations under the conditions required at all times by the supply companies 

 

7.4.- The Lessor does not assume any responsibility for any interruptions that may occur in any of the above services (lift, electricity, water, television, etc.) when such interruptions have occurred for reasons beyond its control, nor will it be obliged to make deductions from rent for such interruptions.  

 

7.5.- It is expressly stated that at the end of the Lease contract and in order to deliver the property free of charges or contractual relations for supplies that may affect subsequent contracts by a new tenant, the current Tenant must provide the Landlord with the corresponding supporting documents issued by each of the supply companies by which it is recorded that they are up to date with the payment of the utilities that may affect the home and, where appropriate, the corresponding certification of the state of cancellation of said contracts. 

In the event that the Lessee does not proceed within ten (10) days (counting from the delivery of the keys to the rented property) to deliver to the Lessor the documents referred to in the previous paragraph, the Parties mutually agree on a penalty of 150 euros for supply, which will be automatically accrued in the event of non-compliance with such obligation by the Lessee.  without the need for any requirement to that effect by the Lessor. 

The Lessee is also obliged to cancel them once the term of the contract or any of its extensions expires if requested by the Lessor. 

 

7.6.- Community Expenses. 

The expenses derived from the community of owners, as well as the Real Estate Tax ("IBI") of the property in proportion to the time they own the property, will be borne by the Lessee. 

The above amounts will be passed on to the Lessee in the rent invoice, increasing this by the respective amount. Notwithstanding the above, the Lessor grants the Lessee a THREE-year grace period in the payment of the expenses of the community of owners and the IBI, so the Lessee will proceed to pay the expenses of the community of owners and the IBI from the first day of the fourth year of the contract. If the Lessee withdraws in the first TWENTY-FOUR (24) months of the Mandatory Term of Validity of this contract, he/she must pay the Lessor in full the expenses of the community of owners and IBI that he/she would have enjoyed in the grace period provided for in this paragraph and the expenses of the community of owners and IBI until the end of the first TWENTY-FOUR (24) months. 

 

7.7.- The Lessor does not accept or assume responsibility, nor will it be obliged to make any rent reductions, nor may the Lessee terminate this Contract due to interruptions or cuts that may occur in any of the general and individual supplies and services of the property, provided that it was not caused by causes attributable to it. 

 

 

 

 

 

   

Octave 

Other Cats and Trinutos 

 

 

8.1.- Taxes. 

All municipal taxes that: 

  • tax the use and operation of the Property of which the Lessee is a taxpayer in his capacity as user or occupant of the same (fee for garbage collection, passage of vehicles); and 
  • encumber the ownership and possession of the property, even if the Lessor is the taxpayer of the same. 

Expressly excluded from the Lessor's Corporation Tax or other taxes that, now or in the future, are levied on the profits of the Lessor in relation to the Property, or those linked to the business year of operation of the Property, which will be borne and will be the exclusive responsibility of the Lessor. 

In relation to the Property Tax, once paid by the Lessor, the latter will pass them on to the Lessee, in full, including the annual increases in the amount of said tax. 

With respect to taxes whose period exceeds that of the lease, the Lessee will only pay the proportional part of them that corresponds to it depending on the date of end of the lease, i.e. on a pro rata temporis basis. 

The Lessee will not be responsible, nor will it pay the Lessor, any interest, fines, penalties or surcharges that may be imposed by any body of the Public Administration on the Lessor for having delayed the payment of taxes or failed to comply with its obligations as a taxpayer. 

The garbage/waste tax or similar or similar taxes will be borne by the Lessee, and the Lessor will re-invoice them to the Lessee, which must be paid either by direct debit, or by credit to the account or transfer at the Lessor's choice. 

8.2.- Value Added Tax (VAT) 

The Rent on the Property in accordance with the provisions of this Contract will be increased in the Value Added Tax at the rate applicable at any time. 

 

Novena  

Repairs and works 

 

 

9.1.- Works to be carried out by the Lessee. 

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

  • requires the granting of a major works license by the authorities; or 
  • has an impact on the structure, 
  • affects common elements or the safety and stability of the building. without obtaining the prior, express and written consent of the Lessor, which may not be unjustifiably withheld. Lessor shall respond to Lessee's proposal (accepting or rejecting it) within THIRTY (30) days from the date the proposal is submitted to Lessor, unless additional information is reasonably required, in which case such period shall be suspended until the information is provided. In the event of not receiving a response from the Lessor within the period agreed above, as the case may be, consent will not be considered granted. 

 

 

 

In the case of works that do not fall within the circumstances of the previous paragraph, the Lessee will notify the Lessor of such works before carrying them out, but will not need specific permission or consent from the latter. At the end of the works, the lessee will deliver the corresponding documentation to the lessor.   

It is forbidden to make holes in kitchen and bathroom walls, floors, doors (including those of the cabinets that are delivered with the Property) or builtin shelves, as well as to deposit pots on the wooden floor, or porous ones that are in the house, in order to avoid damage to it due to humidity.  

The Lessor is entitled to access the Property at any time, with prior notice of at least two (2) calendar days, in order to check its condition and the carrying out of possible non-consensual works. 

Violation of this clause will be cause for termination of this contract. The Lessor may demand the restoration of things to the previous state, and the corresponding compensation. 

The modifications made by the Lessee will be for the benefit of the homes at the end of this contract, without any compensation for any of the parties. 

9.2.- Works to be carried out by the Lessor. 

The Lessor will only be obliged to assume the necessary repairs to keep the Property in the state of service for the use for which it has been intended, excluding those that derive from actions of the lessee and/or third parties and/or the usual use of the Property itself. 

In the case of urgent repair works, the Lessee will immediately notify the Lessor, who undertakes to repair it as a matter of urgency. If after five (5) working days, it has not been repaired, the Lessee may carry out the repair himself, as long as it does not affect common elements, deducting the cost of the same, after accrediting the same by means of the appropriate invoice sent to the Lessor, from the Rent to be paid in the following month, or adding, where appropriate,  to the amount to be returned by the Lessor as a deposit, at the end of the lease, based on what the parties agree at the time of its occurrence, always in accordance with what is described herein. 

9.3.- In accordance with article 19.4 LAU, at any time from the beginning of the validity of this lease agreement and prior agreement between the Lessor and the Lessee, improvement works may be carried out on the leased Property and the rent of the contract may be increased. 

 

9.4.- The Lessee will assume the ordinary maintenance and repair of the Property (damages associated with wear and tear due to the ordinary use of the apartment). Consequently, the Lessee undertakes to carry out and pay in full for ordinary works and minor repairs. For example, replacement of light bulbs, maintenance of appliances in general, replacement of small appliances and kitchenware, ordinary plumbing work, maintenance of air conditioning/heating systems, painting, preventive maintenance, as well as repairs related to negligent use by the Renter. 

 

9.5.- The Lessor will assume the extraordinary maintenance and repair of the Property, its structural elements and its general installations, this includes air conditioning (repairs derived from structural problems and non-ordinary wear and tear of the apartment). Consequently, the Lessor undertakes to carry out and pay in full for the extraordinary works, repairs and/or replacements necessary to restore the correct working condition of any element of the Apartments, including the replacement of damaged parts or complete elements, except in the event that these works and actions are 

 

 

 

necessary due to damage caused by the Lessee. 

 

 

Tenth 

Bond, 

Additional 

Guarantee and 

Insurance 

 

 

10.1.- The deposit of this lease, that is, the sum equivalent to two (2) monthly payments of the Rent amounts to the amount of xxxxxxxx EUROS (xxxxxxx.€) (the "Deposit"). This deposit will have the concept of a deposit during the term of the contract and must be returned to the Lessee, if at the end of the term of the lease, he is up to date with payment and the property has been preserved and is returned in perfect condition. 

The aforementioned deposit must be delivered to the Lessor by bank transfer to the bank account with the following IBAN: xxxxxxxxxxxxxxxxxxxx, in the manner 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 will deposit the amount equivalent to two (2) monthly installments of the rent of the first year of the Contract, before the corresponding public body or include it in the agreement eventually signed for the deposit of the Deposit.  

10.2.- In addition, as an additional guarantee, the Lessee delivers, in the manner described on the second page of the contract, the amount of xxxxxxx EUROS (xxxx,00€). The additional guarantee will be returned to the Lessee, if at the end of the lease term, he is up to date with his payment and the property has been delivered in perfect condition. 

Both the legal deposit and the additional guarantee are established as a guarantee of the legal and contractual obligations of the Lessee. 

 

10.3.- The existence of the deposit and additional guarantee will never serve as a pretext to delay the payment of the rent or any of the amounts whose payment has been assumed by the Lessee. 

 

10.4.- In the event that the damage caused to the property or the amount of taxes, expenses, services or supplies on behalf of the Lessee are, in their quantification, greater than the deposit deposited, and the additional guarantee delivered, the Lessee will be obliged to disburse the necessary amounts, until the total payment of the aforementioned concepts,   it being understood that the amount of the deposit and additional guarantee does not act as a limiting amount of the Lessee's liability for these concepts and the possible compensation for damages. 

 

10.5.- HOME INSURANCE: The Lessee undertakes to take out home insurance in force throughout the term of the lease contract, to cover liability for damage to third parties and, likewise, to cover the contents of the rented property up to a value of €10,000 to cover claims including water damage,  fire or damage of electrical origin, which must be effective from the date of formalization of the lease contract 

 

The Lessee hereby authorises the Lessor to take out on its behalf, with the Lessee being the policyholder and insured, home insurance for the entire duration of the contract and, where appropriate, extensions, which includes civil liability and any damage that may be caused to the property, covering the contents of the rented property up to a value of €10,000 for coverage of claims, including damages for water, fire or damage of electrical origin, without prejudice to the Lessee's liability for damage caused by misuse of the rented property, the cost of this insurance and its renewals being the Lessee's 

 

 

account, expressly authorising it to be debited from the same account where the rent receipt is directed. For this procedure, the Lessee must provide all the documentation required to arrange it. Once the contract has been signed with the insurance company, the Lessor will provide a copy of it to the Lessee. 

 

The account number indicated by the Lessee for the charge of the rental premium is in IBAN format: xxxxxxxxxxxxx 

 

Failure to pay the premium by the Lessee is considered an essential breach and cause for termination, without prejudice to the Lessor's opting for termination, and may offset the respective debt on the bond and/or additional guarantee. If the Lessee withdraws from the lease prior to the end of the annuity covered by the insurance, no proration of the refund of the premium will be made.  

 

Eleventh 

Obligations of the Lessee. 

 

 

11.1.- The Lessee is also jointly and severally obligated to: 

  1. The payment of the Rent, legal and/or contractual increases and the expenses and services agreed in the manner provided, including the deposit and additional guarantee. 
  2. Pay for repairs for damage that occurs in the property due to the fault or negligence of the Tenant. The Lessee will be responsible for the minor repairs required by wear and tear due to the ordinary use of the property. 
  3. Not to assign, transfer or sublet totally or partially the property subject to this contract, or to use the property totally or partially for lodging, for the use of tourist housing or any other modality included within it, without the prior, express and written consent of the Lessor. 
  4. Inform the Landlord as soon as possible of the need to carry out the necessary repairs to keep the property in habitable condition. 
  5. Abandon the property subject to the lease, in perfect condition, on the date of termination of this contract. 
  6. Respect the rules in force in the statutes of the community of owners and those contained in the current Horizontal Property Law, committing themselves in particular not to disturb the normal functioning of the community of owners and the life of the residents of the property. 
  7. It must allow access to the property to the Landlord's technicians for the purpose of checking the condition of the property, and compliance with legal and contractual obligations. The Lessor will notify the Lessee 2 calendar days in advance, so that the visit can be carried out on a date and time agreed by the parties, causing the least inconvenience and damage to the Lessee. This visit will not violate the intimacy and privacy of the Lessee, it will be exclusively to check the state of conservation of the property and goods rented with it. 
  8. Respect and comply with the rest of the legal and contractual obligations in this contract and in the applicable legal regulations. 

 

11.2.- The contravention of any of these obligations, found by the Lessor, will constitute cause for termination of the contract, as well as the rest of the causes for termination provided for in the law or in this contract. 

    

 

 

Twelfth 

Termination of the contract 

 

 

12.1.- This contract will be terminated by the expiry of the fixed term of duration. In this case, neither party will be entitled to claim any compensation from the other party for this purpose. 

12.2.- It may also be terminated in advance, at the request of either party and by means of reliable communication to that effect with the other, due to the other party in breach of any of the obligations assumed in this contract. 

In particular, the parties expressly agree that the non-payment of any monthly rent payment, or of the amounts whose payment the Lessee assumes by virtue of this contract, will be cause for termination of the contract. 

In this case, the party that has complied with its obligations may choose between (i) demanding compliance with the obligation, or (ii) promoting the termination of the contract, with the defaulting party having to pay the payment of all debts that may be the reason for the termination. In addition, in both cases it may also demand compensation for damages. In the event that the Lessor requests the termination of the lease agreement due to non-compliance with the essential obligations by the Lessee, that is: (i) to pay the Rent and other amounts due and (ii) to keep the property in good condition. The Lessor will also have the right to demand as compensation for damages, the sum corresponding to the rents pending payment from the date of the termination until the day of expiration of the lease ex. Second Covenant above. 

 

Thirteenth  

Causes for termination of the contract. 

 

 

13.1.- The breach for any reason of the obligations resulting from this lease agreement will entitle the party that has fulfilled theirs to demand compliance with the obligation or to promote the 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 by operation of law in the cases contemplated in Article 27 of the Urban Leases Law and in the event of noncompliance with the obligations agreed in this lease agreement and for which this is contemplated to be grounds for termination. 

By way of example and not limitation, the Lessor may terminate this lease agreement by operation of law for the following reasons: 

  • Carrying out annoying, unhealthy, harmful, dangerous or illegal activities in the rented property by the Lessee. 
  • Carrying out activities for tourist use in the property. 
  • Carrying out activities not allowed in statutes or according to agreements of the Owners' Meetings. 
  • Intentional carrying out of damage or unauthorised works in the property by the Lessee, as well as any other that affects or alters the structure of any element of the building. 
  • Likewise, the Lessee undertakes not to carry out acts that may invalidate the general insurance of the property and the building in which it is located. 
  • Failure to pay rent and other amounts that have been assumed or correspond to the Lessee according to the contract. 

 

Fourteenth  

Notifications 

 

 

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

Arrendador: xxxxxxxxxxxxxxxxx Arrendatario: xxxxxxxxxxxx 

 

 

 

and the following addresses: 

Arrendador: Calle xxxxxxxxxxxxxx Arrendatario: xxxxxxxxxx 

 

14.2.- Communications must be made by electronic communication preferably, and in the event of impossibility or lack of operation of the electronic service, by ordinary mail by burofax. 

 

Fifteenth  

Jurisdiction  

 

 

15.1.- For the resolution of any litigious issue that may arise from the interpretation and/or compliance with this contract, the Courts and Tribunals where the rented property is located are competent. 

    

 

Sixteenth  

Consumer 

Law 

 

 

16.1.- The Parties declare that this contract has been agreed upon by mutual agreement in accordance with the applicable regulations for the defence of consumers and users, without any of its stipulations being considered as an imposition, waiver or limitation. 

 

Seventeent

h   

Data protection and 

inclusion of 

non-

payment data       of debt 

              to common 

files              solve

ncy. 

 

 

17.1.- Who is responsible for the processing of your personal data? 

 

In compliance with General Regulation (EU) 2016/279 and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, the lessee is informed that the personal data provided and those derived from the relationship will be processed by xxxxxxxxxxxxxxxxxx with NIF:  xxxxxxxxxxxxxxxxxxxxxx and email: xxxxxxxxxxxxxxxxxxxxxx, as the data controller. 

The data controller has entrusted the real estate management services to CLIKALIA MANAGEMENT SERVICES S.L. with C.I.F. number B-56917008, who may access and process your personal data, as data processor, for the provision of said management services. 

 

The renter can contact the data protection officer at xxxxxxxxxxxxxxxxxxxxxx. 

 

17.2.- 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 derivative actions between lessor and lessee. Management, development and maintenance of the contract. 
  • Management of the maintenance of the property through third parties to carry out review or repair processes.   
  • Economic management of payments and receipts and control of percentages for the preparation of invoices.   
  • Attention to incidents arising from the contract. 

 

 

 

  • Satisfaction surveys with the aim of integrating improvements in the management of quality processes in relation to lease management. 
  • Management of the deposit of the legal deposit in the competent Bodies. 
  • Possible enforcement of guarantees. 
  • Sending communications and warnings, by email or SMS, about incidents or any other problem in relation to the building. 
  • Management, registration and deregistration of users in the xxxxxxxxxxxxxxxxx client area for the resolution of incidents in relation to the property, and other related services. 
  • Corporate control and compliance activities with the obligations of the 

Parties. 

 

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

 

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

 

  • Execution of the contractual legal relationship established between the Parties. 
  • Legal compliance with the national and regional regulations that are applicable, in particular, Law 29/1994 of 24 November on Urban Leases, tax laws and the Civil Code. 
  • Legitimate interest of the lessor in knowing the possible incidents or areas of improvement in its quality system. 
  • Landlord's legitimate interest in keeping you informed about products and services in connection with the lease. 
  • Legitimate interest in defending the interests of the Parties in the event of a conflict. 

 

17.4.- How long will your personal data be kept? 

 

The lessor will keep the lessee's personal data for the period in which the contractual relationship is in force, keeping the aforementioned data thereafter, duly and appropriately blocked, for the limitation period of the actions that may be exercised in accordance with the applicable civil legislation. 

 

17.5.- To whom will your personal data be transferred? 

 

The data will be communicated to:     

  • banking and financial or credit institutions for the economic management of the lease; 
  • insurance brokers and insurance companies for the purpose of allowing the management of the activities necessary for the contracting of building and contents insurance policies in the event of damage or possible losses occurring in the leased property;     
  • Tax Agency and other competent state, regional and local administrations and public entities, for the purposes of carrying out the corresponding 

 

 

 

 

tax returns (taxes and fees); 

  • entities of the state, regional or local public administration with a legal obligation to communicate leases and for the deposit of deposits; 
  • to the City Council of the corresponding municipality in relation to the joint management of land and urban planning of the city; 
  • to energy (electricity, gas, etc.) and water companies in order to process the change of ownership of the supply contracts in the event that the lessee has requested the lessor to manage this change (if there is no change of supplier, to manage access in order to facilitate the readings of the services); 
  • Courts and Tribunals for the management and resolution of possible incidents arising from the lease; financing entities and their advisors for the granting of financing to the company that owns the property; 
  • Control bodies for the prevention of money laundering and terrorist 

financing; 

  • State Security Forces and Corps in the event of any security incident occurring in accordance with formal requirements 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 in charge of carrying out an appraisal of 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 operation. 
  • Likewise, your data will also be communicated to the Property Manager, MANAGEMENT SERVICES, S.L., who will act as the data processor for the fulfilment of the obligations set out in the contract. 

In the event of non-payment of amounts of your liability, for any amount or sum accumulated, according to this contract and in accordance with the applicable legislation (i.e., when the debt is certain, due and payable and its payment has been previously requested by the lessor to the lessee), your personal data may be communicated to the national or international patrimonial insolvency file,  decided by the lessor, based on the legitimate interest of fraud prevention, or any other civil or criminal wrongs, such as Equifax-ASNEF/RAI/CCI/RIJ/BADEXCUGExperian. 

 

In the event of the incorporation of the tenant's non-payment data in a negative financial solvency file, at the request of the lessor, the lessee will receive, within a maximum period of one month from the registration of the debt in the file, a communication from the owner of the file in question informing him of the incorporation of his data and of the possibility of exercising the rights contemplated in articles 15 to 22 of the Regulation General (EU) 2016/679. 

 

In any case, the lessor does not assume any liability arising from the failure of the owner of the corresponding file to make the aforementioned communication to the debtor lessee. 

No international transfers of personal data are planned. 

 

17.6.- What are your rights?     

 

The interested parties may exercise their rights of access, rectification, deletion, portability, limitation and opposition by writing to the email of the Data Protection 

 

 

 

Officer of the RESPONSIBLE at the following email address: xxxxxxxxxxxxxxxxxxxx. Likewise, data subjects have the right to file a complaint with the Supervisory Authority (Spanish Data Protection Agency: www.aepd.es). 

 

17.7. – Internal whistleblowing channel* 

  

The [Lessor] makes available to third parties an ethical channel/whistleblowing channel. The data of the person who makes the communication and of the employees and third parties affected will be processed to assess the appropriateness of initiating an investigation into the facts denounced and, if deemed appropriate, for the corresponding investigation. This information will be kept in that system for a period not exceeding three (3) months. After this period, the information that makes up the investigations may be kept outside the channel for the time necessary to defend the interests of the owner of the channel, and may be communicated to judicial bodies or security forces, if appropriate. 

 

 

[17.8.- Direct debit order (SEPA). 

 

In accordance with and in compliance with the provisions of General Regulation (EU) 2016/279 and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, xxxxxxxxxxxxxxxxxx informs the tenant 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 receipts [and specific charges for the provision of services carried out by the Data Controller] and the processing of certificates from the Public Treasury. 

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

The data will be kept for as long as the relationship is maintained and its deletion is not requested and, in any case, in compliance with the legal limitation periods that are applicable to it. 

Data transfers are planned to banks and savings banks for the direct debit of bills and one-off charges, the Public Treasury for compliance with legal obligations and Companies of the Group to which xxxxxxxxxxxxx belongs, in order to comply with reporting obligations and regulatory compliance policies within the companies of the Group.   

 

No international data transfers are planned. 

 

Consequently, the lessee states that: 

 

 

 

 

EIGHTEENTH 

Prevention of Money 

 

18.1.- Prevention of money laundering and terrorist financing: 

Within the framework of the granting of the contractual relationship if applicable, the Lessee will provide the Lessor, at least 48 hours before the date of signing the lease agreement, in a truthful and complete manner, with all the information and documentation necessary and required for the purposes of the Lessor being able 

 

Laundering and 

Terrorist  

Financing. 

 

 

to comply with its obligations under Law 10/2010,  of 28 April and other regulations governing the prevention of money laundering and terrorist financing, and expressly authorises the Lessor to carry out the verification updates it deems appropriate for this purpose. 

The Lessor's failure to obtain the information and documentation required in the internal policies established to comply with the legislation will be sufficient cause for the Lessor to be entitled NOT TO CONTINUE WITH THE VALIDATION OF THE POTENTIAL LESSEE or, where appropriate, to terminate the contractual relationship with the lessee if it has already been subscribed.           

 

18.2.- The Lessee accepts and declares that he/she has read and understood the terms and conditions set forth above. 

 

 

ANNEX I: CONDITIONS OF THE LEASE OF A LEGAL PERSON'S DWELLING INTENDED TO MEET THE HOUSING NEEDS OF THE ADMINISTRATOR OR AN EMPLOYEE - CLIKALIA ASSET MANAGEMENT RENTAL 

 

FIRST. The Parties have agreed to formalize the contract on the Property subject to the Clauses found in Annex I attached to this contract. 

 

It is also stated that the tenant is a legal person and, directly with it, a lease for the use of a habitual residence could not be agreed, since the subjective scope of Article 2 of Law 29/1994, of 24 November, on Urban Leases (hereinafter the "LAU") refers to satisfying the tenant's need for permanent housing, which is limited to natural persons,  due to the inability of legal persons to dwell. Notwithstanding the foregoing, the end user of the Property will be, as declared by the lessee company under its responsibility, natural persons dependent on it, to use it for their habitual residence without the lessee economically exploiting the Property. Specifically, the employees for whose benefit the lessee rents are xxxxxxxxxxxxxxxxx. 

 

That is why it is expressly stated by the lessee that acts in the exercise of its activity regardless of whether it is used as the habitual residence of dependent individuals who have specifically specified themselves as end users of the Property, for the purposes of the lease being subject to and exempt from VAT. 

 

First:  Nature and Applicable 

Regime 

 

 

 

1.1.- Nature. 

 

The lease of the property is a lease of urban property intended for use other than housing. 

 

1.2.- Applicable regime. 

 

The lease of the Property is subject to the provisions of Law 29/1994, of 24 November, on Urban Leases (hereinafter the "LAU") and, in accordance with article 4.3 of the LAU, will be governed by: (i) firstly, the will of the Parties contained in this Contract, (ii) secondly, the articles of Title III of the LAU that have not been expressly excluded in this Contract,  and (iii) supplementarily, the provisions of the Spanish Civil Code. The foregoing, without prejudice to the application to the lease of the Property of Titles I and IV of the LAU, of an imperative nature. 

 

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

Articles 32, 33, 34 and 35. 

 


                                       

Second:  

Object 

 

 

 

2.1.- By signing the Contract and by virtue of it, the Lessor assigns the Property on lease to the Lessee, who accepts it, for the price, term and other conditions established in this Contract, and as a certain body. 

 

2.2.- The Lessee receives the keys and the free possession and disposal of the Property on the Start Date as established in this contract, whose condition, both physical and legal, and characteristics he declares to know and accept by having previously checked them, considering it also suitable for the agreed use. 

 

The Lessee will receive the Property in conditions to be used for the purposes of this contract, finding it in conformity for such use, without prejudice to the incidents that may arise from defects, insufficiencies or breakdowns in the general connections, supply pipes or structural elements and, in general, deficiencies that are not susceptible to appreciation at first glance. 

 

2.3.- In the event that the rented Property is furnished in accordance with the attached inventory, the Lessee will be responsible for the deterioration of the respective movable property for any damage or harm caused to them, breakdowns or defects caused by misuse, negligence or willful misconduct, for the amount according to the market value of each of the damaged goods at the time the Lessee communicates the damage,  damage, damage or damage to the property, or if this has not occurred at the time of termination of the contract, when this is discovered by the Lessor after the recovery or return of the leased property. This amount must be paid by the Lessee to the Lessor at the mere and simple request of the latter within 3 days following said request and, otherwise, it may be deducted from the deposit and additional guarantee. 

 

    

Third  

Destination and permitted use 

 

 

3.1.- The Lessee will use the Property under its responsibility to satisfy the housing needs of its employee, manager or member of its respective board of directors as it is dependent on the Lessee, as they maintain an employment/senior management relationship/position of administrator/member of the Board of Directors (the "Permitted Use"). 

 

It is expressly agreed that the Lessee will not be allowed to use the property for an purpose other than that which is not the use of the property by the person expressly designated as beneficiary, especially the transfer or subletting of the Property to third parties is prohibited since the property is not intended for or affects the exercise or development of a business or professional activity in the terms contemplated in article 32 LAU. 

It is expressly forbidden for the Lessee to use the Property in the form of a rental for tourist use. Any liability or penalty arising from the use or exploitation by the Lessee of these, including any direct or indirect costs, including damages, will be the responsibility of the Lessee, with full indemnity in favour of the Lessor. 

In this sense, the Property will be used by the Lessee exclusively to satisfy the housing needs of the employees referred to in the explanatory part of the Contract, while the parking spaces, if applicable, may only be used for vehicle parking. The Lessee may only use the Property for use other than that described in the previous paragraph if he obtains prior written authorisation from the Lessor.  

3.2.- The Lessee may not use the Property in whole or in part for activities that may be especially noisy, harmful, fetid, dangerous or morally offensive; or to hold any type of auction; or hold meetings or rallies of illegal, prohibited, annoying or unhealthy activities; nor can the property be used for activities prohibited by the Statutes or by 

 

 

agreement of the Community of Owners. In no case are parties allowed in the Property, this being cause for termination of the contract. It is not allowed to carry out drilling, holes, shoring or other similar acts in any of the tiling of the rented property or its dependencies or annexes. Failure to comply with these conditions is cause for termination of the contract, and without prejudice to the liability for damages and corresponding compensation. 

 

3.3.- The Lessee must respect the provisions of current legislation and the rules of the Community of Owners of the building, especially regarding the use and enjoyment of common elements and services, as well as regarding peaceful coexistence in the Community and prohibited activities. 

 

3.4.- The Lessee has the right to install in the Property and to remove from it any movable property of his/her property in compliance with the applicable laws and regulations, and except for the exceptions contained in this Contract. The Lessee will be, during the duration of the contract, responsible for these elements, without prejudice to the obligations assumed by third parties, holding the Lessor harmless from any direct or indirect damages arising from all of the above. 

 

    

   

 

 

 

 

Third  

Destination and permitted use* 

 

 

3.1.- The Lessee may use the Property for the exercise of any activity of its corporate purpose as of today (the "Permitted Use"), complying under its responsibility with the legal requirements of such activity.   

 

The Lessee will use the Property under its responsibility to satisfy the housing needs of the employees referred to in the explanatory part of the Contract. It is expressly agreed that the Lessee will not be allowed to use the property for an purpose other than that which is not the use of the property by the person expressly designated as beneficiary, especially the transfer or subletting of the Property to third parties is prohibited since the property is not intended for or affects the exercise or development of a business or professional activity in the terms contemplated in article 

32 LAU] 

It is expressly forbidden for the Lessee to use the Property in the form of a rental for tourist use. Any liability or penalty arising from the use or exploitation by the Lessee of these, including any direct or indirect costs, including damages, will be the responsibility of the Lessee, with full indemnity in favour of the Lessor.   

In this sense, the Property will be used by the Lessee exclusively for the usual development of its XXXXX activity while the parking spaces may only be used for vehicle parking. The Lessee may only use the Property for use other than that described in the previous paragraph if he obtains prior written authorisation from the Lessor. 

In this sense, the Property will be used by the Lessee exclusively to satisfy the housing needs of the employees referred to in the explanatory part of the Contract, while the parking spaces, if applicable, may only be used for vehicle parking. The Lessee may only use the Property for use other than that described in the previous paragraph if he obtains prior written authorisation from the Lessor. 

3.2.- The Lessee may not use the Property in whole or in part for activities that may be especially noisy, harmful, fetid, dangerous or morally offensive; or to hold any type of auction; or hold meetings or rallies of illegal, prohibited, annoying or unhealthy activities; nor can the property be used for activities prohibited by the Statutes or by 

 

 

agreement of the Community of Owners. In no case are parties allowed in the Property, this being cause for termination of the contract. It is not allowed to carry out drilling, holes, shoring or other similar acts in any of the tiling of the rented property or its dependencies or annexes. Failure to comply with these conditions is cause for termination of the contract, and without prejudice to the liability for damages and corresponding compensation. 

 

The Lessee may not use or allocate the Property, either totally or partially, for the residence or residence of people, not even employees of the Lessee, on a regular or temporary basis or even occasionally. 

 

3.3.- The Lessee declares that he/she has obtained or will obtain, before use by the dependent natural person, and that he/she will continue to be the owner of the same during the term of the lease, all the permits, authorisations, licences required by the Spanish authorities, at the time of formalisation of the Contract or in the future (in which case he/she undertakes to obtain them within the legally established deadlines for this purpose).  in relation to their use of the Property, being at the Lessee's expense and risk the obtaining and maintenance of such permits, licenses and authorizations. The Lessor will provide the Lessee with the documentation in its possession that is necessary for the application for the aforementioned permits, authorisations and licences. The Lessee shall be responsible for compliance with the terms of any permits, authorisations and/or licences obtained and shall indemnify the Lessor for any damage or harm that the Lessor may suffer as a result of the Lessee's failure to comply with the terms of any permit, licence or authorisation or, in general, as a result of any claim affecting the use made of the Property. In no case will the Lessor be liable for the total or partial refusal, for reasons not attributable to the Lessor, of the aforementioned licences, authorisations and permits, and the Lessee waives any claim against the Lessor for these concepts.     

 

3.4.- The Lessee must respect the provisions of current legislation and the rules of the Community of Owners of the building, especially regarding the use and enjoyment of common elements and services, as well as regarding peaceful coexistence in the Community and prohibited activities. This contract expressly authorises the Lessee to attend the meetings of the communities of owners where the possible limitation of the actual or potential use of the Property is to be discussed so that the Lessee may vote only against said claim. For the purposes of being informed about the call for these meetings, the Lessee is authorised to request information from the corresponding Property Administrations or Communities of Owners on the call for this type of meeting.   

 

Therefore, nothing may be required or claimed from the Lessor in the event that any contingency arises from the agreements of the Community for the Lessee.   

 

3.5.- The Lessee has the right to install in the Property and to remove from it any movable property of his/her property in compliance with the applicable laws and regulations, and except for the exceptions contained in this Contract. The Lessee will be, during the duration of the contract, responsible for these elements, without prejudice to the obligations assumed by third parties, holding the Lessor harmless from any direct or indirect damages arising from all of the above. 

 

    

Fifth  Duration of the 

 

5.1.- Duration of the term. 

The Contract shall have an initial duration of FIVE (5) years (the "Term") from day ___ (hereinafter, the "Commencement Date"), but with a minimum period of mandatory 

    

term. 

Extension, withdrawal and return of the property 

 

 

performance (for both Parties) of TWENTY-FOUR (24) months (the "Mandatory Term") from the day of entry into force of the contract, this is, according to its commencement date indicated in the main document. 

5.2.- The Lessee will have the option to terminate this Contract at any time, provided that it notifies in writing its will in this regard at least NINETY (90) days in advance of the scheduled date of termination.   

5.3.- If the Lessee exercises this power in the first TWENTY-FOUR (24) months of the Mandatory Term, he must pay the Lessor the entire remaining rent of the first two (2) annuities and the expenses; in this case, in addition, the Lessee must pay the Lessor in full the rent and subsidised expenses in the grace periods indicated in the contract. Once the mandatory compliance has passed, each party may terminate the contract at least NINETY (90) days in advance, notifying the other party and there will be no penalty for the party that terminates the contract, without prejudice to the settlements that proceed on the date of the return of the property and according to the state in which it is. At the end of the fifth year of validity of the contract, it will be renewed for annual periods until the lease reaches a maximum duration of [...] years, unless one of the parties terminates the contract to the other by notifying it NINETY (90) days in advance. 

5.4.- Upon termination of the lease contract, the Lessee must return to the Lessor the keys and the free possession and disposal of the property, empty, clean, and in the same good condition in which it was received, proceeding in the shortest possible time to the inspection of the property by the Lessor or by the person designated by him. 

5.5.- Failure to comply with the provisions of the previous section, including the mere delay in the eviction of the property, will imply compensation in favour of the Lessor, as a result of the improper use of the property by the Lessee, which is expressly agreed as a penalty clause for an amount equivalent to €150 per day of delay, and without the need to prove damages of any kind.   AND THAT IT WILL NOT PREJUDGE THE COMPENSATION THAT IS LEGALLY DUE FOR DAMAGES, being also obliged to pay the expenses to which it is obliged to pay by virtue of this Contract, in force on the date of termination of the same, for each month or fraction of a month (in this case, whatever the number of days) in which the Lessee maintains the improper use of the property. 

    

 

Sixth 

Rent, payment method, updates and consequences of non-

payment 

 

 

6.1.- The lease agreed in this Contract will generate a monthly rent of XXXXX.XX.-€ from the Start Date, which must be paid by the Lessee to the Lessor within the first 7 calendar days of the respective month, plus value added tax at the legal rate in force at any given time. Hereinafter, the "Income". 

The Income does not include the Property Tax, the Carriage Passage Tax, the Waste Tax, community fees, general and supply expenses, such as; water, electricity, maintenance of the lift and air conditioning, if any, or other consumption or expenses that must be paid by the Lessee. 

6.2.- The Income will be paid by means of a Direct Debit Order or SEPA mandate that is attached as Annex III. Any modification of the credit institution and bank account designated in this act will not have any effect between the Parties as long as the Lessee does not reliably notify the Lessor, with at least thirty (30) days' notice, of the intended change, indicating the new bank with branches opened in Spain and the current account in its replacement. The rent will not be understood to have been paid until it is received in the Lessor's bank account, producing the respective bank accounting entry. In the event of late payment of the rent, the Parties agree on a default interest per day of delay on the amount owed of the legal interest. This interest will be automatically applicable and due, without the need for any requirement by the Lessor. 6.3.- Income will be revised annually, automatically and only upwards in accordance  

 

 

 

with the increases in the General Consumer Price Index National Version ("CPI") published by the National Institute of Statistics or entity that replaces it, in the 12 months prior to the date on which the update takes effect. For these purposes, the update date will be the day indicated on the date of this contract for each respective year. The resulting updates under the system described above are applied cumulatively for the duration of this agreement. The fact that the invoice on the date of the update does not indicate the amount of the update does not imply a waiver of the same by the Lessor. 

The variations in the rent derived from the update agreed in this stipulation will be incorporated into the rent of the contract and will therefore form part of the basis for successive updates, all in accordance with the provisions of the LAU. In the event that the limitation on the application of the index indicated above has been temporarily approved, said limitation will be respected during the period in which it is in force if applicable to the contract. 

6.4.- Delay in the payment of any of the economic obligations arising from this contract that do not refer to the monthly rent, to which the provisions of section 6.2 above will apply, will accrue, without the need for prior notice, a default interest in favour of the Lessor equivalent to the legal interest of the money until the date of effective payment of all the amounts due. 

6.5.- All damages resulting from the non-payment of any amount whose payment corresponds to the Lessee, will be borne by the Lessee. These amounts may be passed on by the Lessor to the Lessee, without the need for prior notice to this effect, in the receipt of the following monthly payment, attaching the appropriate supporting documents. 

6.6.- Failure to pay and/or delay in payment of rent due to a delay in payment of more than one (1) consecutive or alternate month, and in the rest of the amounts owed, are considered express causes for termination of this contract exercisable at the discretion of the Lessor after the first breach. It is expressly agreed that the rent owed, including the interest for late payment referred to in point 6.2, after the termination of the contract, which is pending payment will accrue an annual default interest equivalent to the legal interest of the money plus 3 percentage points. All expenses arising from a judicial or extrajudicial claim for non-compliance, eviction, resolution, claim for amount and/or compensation for damages arising from the lease will be borne by the debtor or defaulting party. 

6.7.- Collection expenses for the return of debts. 

The Lessee must pay the invoices when due (in the first 7 calendar days of each month in the event that the invoice is for rent collection). In the event that the Renter fails to pay their invoice, the Lessor will notify them of the unpaid amount through personalized communication, respecting, in all cases, their privacy. The aforementioned communication to the Lessee may be made either by telephone call, ordinary mail, e-mail message, or by any other telematic means. 

xxxxxxxxxxxx. may pass on to the Lessee the expenses effectively incurred for the aforementioned non-payment of invoices. These costs include those incurred by the Lessor in connection with the arrangements made for the recovery of the amounts of unpaid invoices. 

In addition, xxxxxxxxxxxxxxxxxxxxxx may pass on to the Lessee who has paid the bills by direct debit by means of a SEPA mandate, as collection costs for each unpaid invoice up to TWENTY-FIVE EUROS (€25.00), without prejudice to the possibility of exercising other actions, including, among others, the execution of a deposit, additional guarantee and other guarantees existing in each case, as well as the inclusion,     where 

 

 

 

 

applicable, provide the Lessee's data in solvency and credit files where appropriate. 

6.8.- Invoicing. 

A)             Income Invoice. 

The Lessor will send the Lessee an invoice, with all the legally enforceable requirements, for each monthly payment of Rent, plus the applicable VAT (or the tax that replaces 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 issuance of electronic invoices by the Lessor. B)            Tax invoicing. 

When the Lessor includes in the invoice the payment of taxes (Property Tax, Garbage Collection Fee, etc.) in accordance with the provisions of this Contract, it must identify them as a separate item for the amount corresponding to said concept, increased with the applicable VAT (or the tax that replaces it in the future), and will accompany the aforementioned invoice with a justification of the amount whose payment is requested. 

C)                Invoicing of Property Expenses. 

The Lessor may include in each monthly invoice the payment of the Property Expenses in accordance with the provisions of this Contract. To this end, they must identify these expenses as an independent item of the Income Tax by increasing them with the applicable VAT (or the tax that replaces it in the future) and taxes, and will accompany the aforementioned invoice with a justification of the amounts whose payment is requested. 

 

            

Seventh  

Payment of common expenses. 

Private, services and supplies 

 

 

 

7.1.- The rental price does not include the ordinary general expenses of the property, i.e. the supplies or expenses for services that the property has and that are individualized by means of metering devices, which will be the exclusive account of the Tenant (electricity, telephone, water, gas, alarm if there is one and any other supplies,  and other individualisable expenses, which will be borne by the Lessee) and the Lessee must proceed to the securitisation of the same. 

7.2.- The Lessee expressly authorises the Lessor to carry out on its behalf the change of ownership corresponding to: 

- Change of ownership of electricity, individualised gas, heating, alarm (if any) and water supply (in accordance with the authorisation attached as ANNEX II) This service will have an additional cost of NINETY EUROS (€90.00) + VAT, ONE HUNDRED AND EIGHT EUROS AND NINETY EURO CENTS INCLUDING VAT (€108.90). This amount must be paid at the time of formalisation of this lease contract, being an essential element for the materialisation and effectiveness of this document. Credit account number: 

 

IBAN: xxxxxxxxxxxxxxxxxxxxxx 

Concept: Floor code – Changes in ownership of supplies 

 

7.3.- The Lessee will be responsible for the installation, conservation, repair and replacement of the respective meters and other necessary elements of the installations under the conditions required at all times by the supply companies 

 

 

 

7.4.- The Lessor does not assume any responsibility for any interruptions that may occur in any of the above services (lift, electricity, water, television, etc.) when such interruptions have occurred for reasons beyond its control, nor will it be obliged to make deductions from rent for such interruptions.  

 

7.5.- It is expressly stated that at the end of the Lease contract and in order to deliver the property free of charges or contractual relations for supplies that may affect subsequent contracts by a new tenant, the current Tenant must provide the Landlord with the corresponding supporting documents issued by each of the supply companies by which it is recorded that they are up to date with the payment of the utilities that may affect the home and, where appropriate, the corresponding certification of the state of cancellation of said contracts. 

In the event that the Lessee does not proceed within ten (10) days (counting from the delivery of the keys to the rented property) to deliver to the Lessor the documents referred to in the previous paragraph, the Parties mutually agree on a penalty of 150 euros for supply, which will be automatically accrued in the event of non-compliance with such obligation by the Lessee.  without the need for any requirement to that effect by the Lessor. 

The Lessee is also obliged to cancel them once the term of the contract or any of its extensions expires if requested by the Lessor. 

 

7.6.- Community Expenses. 

The expenses derived from the community of owners, as well as the Real Estate Tax ("IBI") of the property in proportion to the time they own the property, will be borne by the Lessee. 

The above amounts will be passed on to the Lessee in the rent invoice, increasing this by the respective amount. Notwithstanding the above, the Lessor grants the Lessee a THREE-year grace period in the payment of the expenses of the community of owners and the IBI, so the Lessee will proceed to pay the expenses of the community of owners and the IBI from the first day of the fourth year of the contract. If the Lessee withdraws in the first TWENTY-FOUR (24) months of the Mandatory Term of Validity of this contract, he/she must pay the Lessor in full the expenses of the community of owners and IBI that he/she would have enjoyed in the grace period provided for in this paragraph and the expenses of the community of owners and IBI until the end of the first TWENTY-FOUR (24) months. 

 

7.7.- The Lessor does not accept or assume responsibility, nor will it be obliged to make any rent reductions, nor may the Lessee terminate this Contract due to interruptions or cuts that may occur in any of the general and individual supplies and services of the property, provided that it was not caused by causes attributable to it. 

 

 

    

            

Octave 

Other 

Expenses and 

Taxes 

 

 

8.1.- Taxes. 

All municipal taxes that: 

- tax the use and operation of the Property of which the Lessee is a taxpayer in his capacity as user or occupant of the same (fee for garbage collection, passage of vehicles); and 

 

 

- encumber the ownership and possession of the property, even if the Lessor is the taxpayer of the same. 

Expressly excluded from the Lessor's Corporation Tax or other taxes that, now or in the future, are levied on the profits of the Lessor in relation to the Property, or those linked to the business year of operation of the Property, which will be borne and will be the exclusive responsibility of the Lessor. 

In relation to the Property Tax, once paid by the Lessor, the latter will pass them on to the Lessee, in full, including the annual increases in the amount of said tax. 

With respect to taxes whose period exceeds that of the lease, the Lessee will only pay the proportional part of them that corresponds to it depending on the date of end of the lease, i.e. on a pro rata temporis basis. 

The Lessee will not be responsible, nor will it pay the Lessor, any interest, fines, penalties or surcharges that may be imposed by any body of the Public Administration on the Lessor for having delayed the payment of taxes or failed to comply with its obligations as a taxpayer. 

The garbage/waste tax or similar or similar taxes will be borne by the Lessee, and the Lessor will re-invoice them to the Lessee, which must be paid either by direct debit, or by credit to the account or transfer at the Lessor's choice. 

8.2.- Value Added Tax (VAT) 

The Rent on the Property in accordance with the provisions of this Contract will be subject to, but exempt from, VAT by virtue of the provisions of Article 20. One. 23 of the Value Added Tax Law (hereinafter referred to as the VAT Act). And, in accordance with the criterion existing on the date of signing the Contract, established by the Central Economic-Administrative Court and by the General Directorate of Taxes in relation to the lease of housing by legal persons to use them as the habitual residence of their dependents. If I change the criterion by the tax administration or by case law, the respective VAT will be applied]. 

 

    

 

Novena  

Repairs and works 

 

 

9.1.- Works to be carried out by the Lessee. 

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

  • requires the granting of a major works license by the authorities; or 
  • has an impact on the structure, 
  • affects common elements or the safety and stability of the building. without obtaining the prior, express and written consent of the Lessor, which may not be unjustifiably withheld. Lessor shall respond to Lessee's proposal (accepting or rejecting it) within THIRTY (30) days from the date the proposal is submitted to Lessor, unless additional information is reasonably required, in which case such period shall be suspended until the information is provided. In the event of not receiving a response from the Lessor within the period agreed above, as the case may be, consent will not be considered granted. 

In the case of works that do not fall within the circumstances of the previous paragraph, the Lessee will notify the Lessor of such works before carrying them out, but will not need specific permission or consent from the latter. At 

 

 

the end of the works, the lessee will deliver the corresponding documentation to the lessor.   

It is forbidden to make holes in kitchen and bathroom walls, floors, doors (including those of the cabinets that are delivered with the Property) or builtin shelves, as well as to deposit pots on the wooden floor, or porous ones that are in the house, in order to avoid damage to it due to humidity.  

The Lessor is entitled to access the Property at any time, with prior notice of at least two (2) calendar days, in order to check its condition and the carrying out of possible non-consensual works. 

Violation of this clause will be cause for termination of this contract. The Lessor may demand the restoration of things to the previous state, and the corresponding compensation. 

The modifications made by the Lessee will be for the benefit of the homes at the end of this contract, without any compensation for any of the parties. 

9.2.- Works to be carried out by the Lessor. 

The Lessor will only be obliged to assume the necessary repairs to keep the Property in the state of service for the use for which it has been intended, excluding those that derive from actions of the lessee and/or third parties and/or the usual use of the Property itself. 

In the case of urgent repair works, the Lessee will immediately notify the Lessor, who undertakes to repair it as a matter of urgency. If after five (5) working days, it has not been repaired, the Lessee may carry out the repair himself, as long as it does not affect common elements, deducting the cost of the same, after accrediting the same by means of the appropriate invoice sent to the Lessor, from the Rent to be paid in the following month, or adding, where appropriate,  to the amount to be returned by the Lessor as a deposit, at the end of the lease, based on what the parties agree at the time of its occurrence, always in accordance with what is described herein. 

9.3.- In accordance with article 19.4 LAU, at any time from the beginning of the validity of this lease agreement and prior agreement between the Lessor and the Lessee, improvement works may be carried out on the leased Property and the rent of the contract may be increased. 

 

9.4.- The Lessee will assume the ordinary maintenance and repair of the Property (damages associated with wear and tear due to the ordinary use of the apartment). Consequently, the Lessee undertakes to carry out and pay in full for ordinary works and minor repairs. For example, replacement of light bulbs, maintenance of appliances in general, replacement of small appliances and kitchenware, ordinary plumbing work, maintenance of air conditioning/heating systems, painting, preventive maintenance, as well as repairs related to negligent use by the Renter. 

 

9.5.- The Lessor will assume the extraordinary maintenance and repair of the Property, its structural elements and its general installations, this includes air conditioning (repairs derived from structural problems and non-ordinary wear and tear of the apartment). Consequently, the Lessor undertakes to carry out and pay in full for the extraordinary works, repairs and/or replacements necessary to restore the correct working condition of any element of the Apartments, including the replacement of damaged parts or complete elements, except in the event that these works and actions are necessary due to damage caused by the Lessee. 

 

    

 

 

 

Tenth 

Bond, 

Additional 

Guarantee and 

Insurance 

 

 

10.1.- The deposit of this lease, that is, the sum equivalent to two (2) monthly payments of the Rent amounts to the amount of xxxxxxxx EUROS (xxxxxxx.€) (the "Deposit"). This deposit will have the concept of a deposit during the term of the contract and must be returned to the Lessee, if at the end of the term of the lease, he is up to date with payment and the property has been preserved and is returned in perfect condition. 

The aforementioned deposit must be delivered to the Lessor by bank transfer to the bank account with the following IBAN:xxxxxxxxxxxxxxxxxxxx, in the manner 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 will deposit the amount equivalent to two (2) monthly installments of the rent of the first year of the Contract, before the corresponding public body or include it in the agreement eventually signed for the deposit of the Deposit.  

10.2.- In addition, as an additional guarantee, the Lessee delivers, in the manner described on the second page of the contract, the amount of xxxxxxx EUROS (xxxx,00€). The additional guarantee will be returned to the Lessee, if at the end of the lease term, he is up to date with his payment and the property has been delivered in perfect condition. 

Both the legal deposit and the additional guarantee are established as a guarantee of the legal and contractual obligations of the Lessee. 

 

10.3.- The existence of the deposit and additional guarantee will never serve as a pretext to delay the payment of the rent or any of the amounts whose payment has been assumed by the Lessee. 

 

10.4.- In the event that the damage caused to the property or the amount of taxes, expenses, services or supplies on behalf of the Lessee are, in their quantification, greater than the deposit deposited, and the additional guarantee delivered, the Lessee will be obliged to disburse the necessary amounts, until the total payment of the aforementioned concepts,   it being understood that the amount of the deposit and additional guarantee does not act as a limiting amount of the Lessee's liability for these concepts and the possible compensation for damages. 

 

10.5.- HOME INSURANCE: The Lessee undertakes to take out home insurance in force throughout the term of the lease contract, to cover liability for damage to third parties and, likewise, to cover the contents of the rented property up to a value of €10,000 to cover claims including water damage,  fire or damage of electrical origin, which must be effective from the date of formalization of the lease contract 

 

The Lessee hereby authorises the Lessor to take out on its behalf, with the Lessee being the policyholder and insured, home insurance for the entire duration of the contract and, where appropriate, extensions, which includes civil liability and any damage that may be caused to the property, covering the contents of the rented property up to a value of €10,000 for coverage of claims, including damages for water, fire or damage of electrical origin, without prejudice to the Lessee's liability for damage caused by misuse of the rented property, the cost of this insurance and its renewals being the Lessee's account, expressly authorising it to be debited from the same account where the rent receipt is directed. For this procedure, the Lessee must provide all the documentation required to arrange it. Once the contract has been signed 

 

 

with the insurance company, the Lessor will provide a copy of it to the Lessee. 

 

The account number indicated by the Lessee for the charge of the rental premium is in IBAN format: xxxxxxxxxxxxx 

 

Failure to pay the premium by the Lessee is considered an essential breach and cause for termination, without prejudice to the Lessor's opting for termination, and may offset the respective debt on the bond and/or additional guarantee. If the Lessee withdraws from the lease prior to the end of the annuity covered by the insurance, no proration of the refund of the premium will be made.  

 

Eleventh 

Obligations of the Lessee. 

 

 

11.1.- The Lessee is also jointly and severally obligated to: 

  1. The payment of the Rent, legal and/or contractual increases and the expenses and services agreed in the manner provided, including the deposit and additional guarantee. 
  2. Pay for repairs for damage that occurs in the property due to the fault or negligence of the Tenant. The Lessee will be responsible for the minor repairs required by wear and tear due to the ordinary use of the property. 
  3. Not to assign, transfer or sublet totally or partially the property subject to this contract, or to use the property totally or partially for lodging, for the use of tourist housing or any other modality included within it, without the prior, express and written consent of the Lessor. 
  4. Inform the Landlord as soon as possible of the need to carry out the necessary repairs to keep the property in habitable condition. 
  5. Abandon the property subject to the lease, in perfect condition, on the date of termination of this contract. 
  6. Respect the rules in force in the statutes of the community of owners and those contained in the current Horizontal Property Law, committing themselves in particular not to disturb the normal functioning of the community of owners and the life of the residents of the property. 
  7. It must allow access to the property to the Landlord's technicians for the purpose of checking the condition of the property, and compliance with legal and contractual obligations. The Lessor will notify the Lessee 2 calendar days in advance, so that the visit can be carried out on a date and time agreed by the parties, causing the least inconvenience and damage to the Lessee. This visit will not violate the intimacy and privacy of the Lessee, it will be exclusively to check the state of conservation of the property and goods rented with it. 
  8. Respect and comply with the rest of the legal and contractual obligations in this contract and in the applicable legal regulations. 

 

11.2.- The contravention of any of these obligations, found by the Lessor, will constitute cause for termination of the contract, as well as the rest of the causes for termination provided for in the law or in this contract. 

    

 

Twelfth 

Termination of the 

 

12.1.- This contract will be terminated by the expiry of the fixed term of duration. In this case, neither party will be entitled to claim any compensation from the other party for this purpose. 

12.2.- It may also be terminated in advance, at the request of either party and by 

contract 

 

 

means of reliable communication to that effect with the other, due to the other party in breach of any of the obligations assumed in this contract. 

In particular, the parties expressly agree that the non-payment of any monthly rent payment, or of the amounts whose payment the Lessee assumes by virtue of this contract, will be cause for termination of the contract. 

In this case, the party that has complied with its obligations may choose between (i) demanding compliance with the obligation, or (ii) promoting the termination of the contract, with the defaulting party having to pay the payment of all debts that may be the reason for the termination. In addition, in both cases it may also demand compensation for damages. In the event that the Lessor requests the termination of the lease agreement due to non-compliance with the essential obligations by the Lessee, that is: (i) to pay the Rent and other amounts due and (ii) to keep the property in good condition. The Lessor will also have the right to demand as compensation for damages, the sum corresponding to the rents pending payment from the date of the termination until the day of expiration of the lease ex. Second Covenant above. 

 

Thirteenth  

Causes for termination of the contract. 

 

 

13.1.- The breach for any reason of the obligations resulting from this lease agreement will entitle the party that has fulfilled theirs to demand compliance with the obligation or to promote the 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 by operation of law in the cases contemplated in Article 27 of the Urban Leases Law and in the event of noncompliance with the obligations agreed in this lease agreement and for which this is contemplated to be grounds for termination. 

By way of example and not limitation, the Lessor may terminate this lease agreement by operation of law for the following reasons: 

  • Carrying out annoying, unhealthy, harmful, dangerous or illegal activities in the rented property by the Lessee. 
  • Carrying out activities for tourist use in the property. 
  • Carrying out activities not allowed in statutes or according to agreements of the Owners' Meetings. 
  • Intentional carrying out of damage or unauthorised works in the property by the Lessee, as well as any other that affects or alters the structure of any element of the building. 
  • Likewise, the Lessee undertakes not to carry out acts that may invalidate the general insurance of the property and the building in which it is located. 
  • Failure to pay rent and other amounts that have been assumed or correspond to the Lessee according to the contract. 

 

Fourteenth  

Notifications 

 

 

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

Arrendador: xxxxxxxxxxxxxxxxxxx Arrendatario: xxxxxxxxxxxx 

 

and the following addresses: 

Arrendador: Calle xxxxxxxxxxxxxx 

Arrendatario: xxxxxxxxxx 

 

 

 

14.2.- Communications must be made by electronic communication preferably, and in the event of impossibility or lack of operation of the electronic service, by ordinary mail by burofax. 

 

    

 

Fifteenth  

Jurisdiction  

 

 

15.1.- For the resolution of any litigious issue that may arise from the interpretation and/or compliance with this contract, the Courts and Tribunals where the rented property is located are competent. 

 

Sixteenth  

Consumer 

Law 

 

 

16.1.- The Parties declare that this contract has been agreed upon by mutual agreement in accordance with the applicable regulations for the defence of consumers and users, without any of its stipulations being considered as an imposition, waiver or limitation. 

 

Seventeent

h   

Data protection and 

inclusion of 

non-

payment data       of debt 

              to common 

files              solve

ncy. 

 

 

17.1.- Who is responsible for the processing of your personal data? 

In compliance with General Regulation (EU) 2016/279 and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, the tenant is informed that the personal data provided and those derived from the relationship will be processed by xxxxxxxxxxxxxxxxxxxxx with NIF:  xxxxxxxxx and e-mailxxxxxxxxxxxx:, as the data controller. 

 

The data controller has entrusted the real estate management services to CLIKALIA MANAGEMENT SERVICES S.L. with C.I.F. number B-56917008, who may access and process your personal data, as data processor, for the provision of said management services. 

 

The renter can contact the data protection officer at .xxxxxxxxxxxx 

 

17.2.- 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 derivative actions between lessor and lessee. Management, development and maintenance of the contract. 
  • Management of the maintenance of the property through third parties to carry out review or repair processes. 
  • Economic management of payments and receipts and control of percentages for the preparation of invoices. 
  • Attention to incidents arising from the contract. 
  • Satisfaction surveys with the aim of integrating improvements in the management of quality processes in relation to lease management.   
  • Management of the deposit of the legal deposit in the competent Bodies. 
  • Possible enforcement of guarantees. 
  • Sending communications and warnings, by email or SMS, about incidents or any other problem in relation to the building. 
 

 

 

 

  • Management, registration and deregistration of users in the xxxxxxxxxxxxxx client area for the resolution of incidents in relation to the property, and other related services. 
  • Corporate control and compliance activities with the obligations of the Parties. 

 

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

 

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

 

  • Execution of the contractual legal relationship established between the Parties. 
  • Legal compliance with the national and regional regulations that are applicable, in particular, Law 29/1994 of 24 November on Urban Leases, tax laws and the Civil Code. 
  • Legitimate interest of the lessor in knowing the possible incidents or areas of improvement in its quality system. 
  • Landlord's legitimate interest in keeping you informed about products and services in connection with the lease. 
  • Legitimate interest in defending the interests of the Parties in the event of a conflict. 

 

17.4.- How long will your personal data be kept? 

 

The lessor will keep the lessee's personal data for the period in which the contractual relationship is in force, keeping the aforementioned data thereafter, duly and appropriately blocked, for the limitation period of the actions that may be exercised in accordance with the applicable civil legislation. 

 

17.5.- To whom will your personal data be transferred? 

 

The data will be communicated to:     

  • banking and financial or credit institutions for the economic management of the 

lease; 

  • insurance brokers and insurance companies for the purpose of allowing the management of the activities necessary for the contracting of building and contents insurance policies in the event of damage or possible losses occurring in the leased property; 
  • Tax Agency and other competent state, regional and local administrations and public entities, for the purposes of carrying out the corresponding tax returns (taxes and fees); entities of the state, regional or local public administration with a legal obligation to communicate leases and for the deposit of deposits; 
  • to the City Council of the corresponding municipality in relation to the joint management of land and urban planning of the city; to energy (electricity, gas, etc.) and water companies in order to process the change of ownership of the supply contracts in the event that the lessee has requested the lessor to manage this change (if there is no change of supplier, to manage access in order to facilitate the readings of the services); 
  • Courts and Tribunals for the management and resolution of possible incidents arising from the lease; financing entities and their advisors for the granting of financing to the company that owns the property; 
  • Control bodies for the prevention of money laundering and terrorist financing; State Security Forces and Corps in the event of any security incident occurring in accordance with formal requirements 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 in charge of carrying out an appraisal of 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 operation. 
  • Likewise, your data will also be communicated to the Property Manager, CLIKALIA MANAGEMENT SERVICES, S.L., who will act as the data processor for the fulfilment of the obligations set out in the contract. 

 

In the event of non-payment of amounts of your liability, for any amount or sum accumulated, according to this contract and in accordance with the applicable legislation (i.e., when the debt is certain, due and payable and its payment has been previously requested by the lessor to the lessee), your personal data may be communicated to the national or international patrimonial insolvency file,  decided by the lessor, based on the legitimate interest of fraud prevention, or any other civil or criminal wrongs, such as EquifaxASNEF/RAI/CCI/RIJ/BADEXCUG-Experian.  

 

In the event of the incorporation of the tenant's non-payment data in a negative financial solvency file, at the request of the lessor, the lessee will receive, within a maximum period of one month from the registration of the debt in the file, a communication from the owner of the file in question informing him of the incorporation of his data and of the possibility of exercising the rights contemplated in articles 15 to 22 of the Regulation General (EU) 2016/679.  

 

In any case, the lessor does not assume any liability arising from the failure of the owner of the corresponding file to make the aforementioned communication to the debtor lessee. 

 

No international transfers of personal data are planned. Notwithstanding the foregoing, it is reported that such transfers could take place based on the adequacy decision adopted by the European Commission to enable them between entities of the European Union and the United States, under the EU-U.S. Data Privacy Framework. 

 

  1. 6.- What are your rights?  

 

The interested parties may exercise their rights of access, rectification, deletion, portability, limitation and opposition by writing to the email of the Data Protection Officer of the RESPONSIBLE at the following email address: xxxxxxxxxxxxxxxxxx. Likewise, the interested parties have the right to complain to the Supervisory Authority (Spanish Data Protection Agency: www.aepd.es)

 

17.7. – Internal whistleblowing channel* 

  

The lessor makes an ethical channel/whistleblowing channel available to third parties. The data of the person who makes the communication and of the employees and third parties affected will be processed to assess the appropriateness of initiating an investigation into the facts denounced and, if deemed appropriate, for the corresponding investigation. This information will be kept in that system for a period not exceeding three (3) months. After this period, the information that makes up the investigations may be kept outside the channel for the time necessary to defend the interests of the owner of the channel, and may be communicated to judicial bodies or security forces, if appropriate. 

 

 

17.8.- Direct debit order (SEPA). 

 

In accordance with and in compliance with the provisions of General Regulation (EU) 2016/279 and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, xxxxxxxxxxxxxxx informs the tenant 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 receipts [and specific charges for the provision of services carried out by the Data Controller] and the processing of certificates from the Public Treasury. 

 

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

 

The data will be kept for as long as the relationship is maintained and its deletion is not requested and, in any case, in compliance with the legal limitation periods that are applicable to it. 

 

Data transfers are planned to banks and savings banks for the direct debit of bills and oneoff charges, the Public Treasury for compliance with legal obligations and Companies of the Group to which xxxxxxxxxxxxxxxxxxxxxxxx belongs, in order to comply with reporting obligations  and regulatory compliance policies within the companies of the Group. 

 

No international data transfers are planned. 

 

 

EIGHTEENTH 

Prevention of Money 

Laundering and 

Terrorist  

Financing. 

 

 

18.1.- Prevention of money laundering and terrorist financing: 

Within the framework of the granting of the contractual relationship if applicable, the Lessee will provide the Lessor, at least 48 hours before the date of signing the lease agreement, in a truthful and complete manner, with all the information and documentation necessary and required for the purposes of the Lessor being able to comply with its obligations under Law 10/2010,  of 28 April and other regulations governing the prevention of money laundering and terrorist financing, and expressly authorises the Lessor to carry out the verification updates it deems appropriate for this purpose. 

The Lessor's failure to obtain the information and documentation required in the internal policies established to comply with the legislation will be sufficient cause for the Lessor to be entitled NOT TO CONTINUE WITH THE VALIDATION OF THE POTENTIAL LESSEE or, where appropriate, to terminate the contractual relationship with the lessee if it has already been subscribed.   

 

18.2.- The Lessee accepts and declares that he/she has read and understood the terms and conditions set forth above.