Scope of the Contract:

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

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

General Provisions and Purpose of the Agreement:

clikalia.es is the website of the companies that make up the CLIKALIA group, with its registered office at Calle María de Molina 39, 9th floor, Madrid, Postal Code 28006. 

Please read the terms and conditions of service carefully to understand the rights and obligations of users of the service offered through this platform. The user shall be deemed to have accepted these terms and conditions as binding at the moment they decide to use the service.

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

Our website allows users to enter specific information about a property so that the user can rent said property. The properties offered for rent are either owned by CLIKALIA or by a third party who has granted CLIKALIA a mandate or authorization to market and, where applicable, manage the lease.

Our website features different types of rental listings:

1. Rental properties for end users/customers.

2. Rental properties for legal entities.

3. Rental properties for administrators or employees of legal entities.

Once a reservation is made through our website, the brand under which the validation, contract signing, and lease management will take place is KEYRO, via the website keyro.es. Users must submit the necessary documentation through the KEYRO website for the prospective tenant’s validation. Validation is a process to determine the financial capacity of the interested user based on internal criteria; the information requested and provided by the user will be processed solely and exclusively for this purpose, as well as for the drafting and execution of the prospective lease agreement.

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

The user’s request for a lease, regardless of the data and documents submitted to the CLIKALIA and/or KEYRO websites for validation, constitutes acceptance of the terms and conditions of the lease agreement set forth below. Likewise, by accepting these terms and conditions, users acknowledge and understand that, should it be necessary to take action to successfully carry out the order, mandate, or contract and fulfill the obligations arising therefrom, CLIKALIA, as the case may be, may take the necessary actions to do so and bill the respective costs to the other party and/or the user, as legally required.

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

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

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

Rental Reservation

When making a reservation to rent a specific apartment, the user will pay a reservation fee of €200. The reservation fee will be charged to the user’s credit card through the payment gateway on the website, which may redirect the user to online payment processing platforms, if applicable.

Once the results of the financial feasibility study—which is intended to assess the tenant’s ability to pay the monthly rent—are available, the tenant may be notified of the following:

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

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

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

Rejection of the offer by CLIKALIA

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

Cancellation of the reservation for reasons attributable to the user

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

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

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

Terms and Conditions of the Lease Agreement:

The lease agreement shall specify:

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

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

3. The ownership of the rented property or the right to lease it shall be identified. - With regard to homeowners’ association fees, the property shall be delivered with all such fees paid in full as of the date of the contract.

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

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

“It should be added that the Landlord grants the Tenant, for the XXX (X) months of this lease, effective from XX XXXX XXXX through XX XXXX XXXXX, a discount on the monthly rent in the amount of XXXX EUROS (XXX €), such that the Tenant shall pay the Landlord the amount of XXXX EUROS (XXXX €) in each of these months. Beginning with the last month of the discount period, the Tenant must pay the full monthly rent amount indicated above. If the Tenant terminates the contract within the first SIX (6) months, the Tenant will forfeit the agreed-upon discount and must pay in full all installments included in the discount.”

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

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

        
“Starting from the last month of the rebate period, the Tenant must pay the full monthly amount of the corresponding charges.”

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

Accordingly, once the lessee has signed the contract and the lessor has received the aforementioned amounts in the lessor’s bank account, the lessor will sign the contract, thereby finalizing the agreement.

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

APPENDIX 1. TERMS OF THE RESIDENTIAL LEASE FOR A NATURAL PERSON

FIRST: Applicable Legal Framework

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

SECOND: Purpose

2.1.—The landlord leases to the tenant, who accepts it, the property as a specific unit. 

Specifically, the property is leased for use as a primary residence; the tenant may not carry out or establish any commercial or industrial activities (particularly those related to tourism), including manual labor, an office, a professional practice, or any other analogous or similar use. 

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

2.2.—The tenant receives the keys to the property and takes possession of it. Specifically, the tenant receives THREE (3) sets of keys on the Start Date, as defined in the contract.

2.3.- If the tenant requests from the landlord a copy or extra set of keys from the THREE (3) sets of keys delivered upon signing the contract, the tenant must pay the landlord, for each extra set of keys requested and delivered by the landlord, the amount of FIFTY EUROS PLUS VAT (50.00 € + VAT).

Additionally, in the event that the tenant loses any set of keys, the tenant must notify the landlord of this circumstance, due to the resulting need to change the lock/cylinder for obvious security reasons. The landlord will carry out this change, either directly or through third parties, and will provide the tenant with THREE (3) sets of keys for the new lock. The costs incurred for changing the lock due to lost keys shall be borne by the tenant, who must pay them to the landlord once the landlord provides the corresponding supporting invoices.

THIRD: Intended Use

3.1.—The dwelling must be used exclusively as the tenant’s primary and permanent residence and, where applicable, that of their family members, for all purposes of this contract. 

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

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

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

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

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

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

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

FOURTH: Assignment, Subletting, and Right of First Refusal

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

4.2.- The tenant is expressly prohibited from subletting—even partially—the property or any part or element thereof, from assigning the lease, or from keeping the dwelling habitually unoccupied, without the prior written consent of the landlord. 

In the event of unauthorized subletting, the landlord shall be entitled to require the tenant to pay a penalty equal to twice the amount received from the sublease for each month that the sublease remains in effect. If the tenant refuses to disclose the amount received or, once disclosed, this amount is not plausible based on the information available to the landlord, the penalty shall amount to a fixed sum equivalent to TWO (2) months’ rent per month until the sublease ends. The aforementioned penalty is separate from the landlord’s right to terminate the contract due to an unauthorized sublease or assignment and from the rights to compensation set forth in Clause 3 above. 

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

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

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

5.2.- Upon the expiration of the lease or any of its extensions, once the lease has lasted for at least SEVEN (7) years, the provisions of Article 10.1 of the LAU shall apply. 

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

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

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

5.6.—Any delay in vacating the property under the agreed terms shall result in the cessation of rent accrual upon expiration of the lease term and the accrual of a penalty to be paid by the tenant to the landlord, as a result of the tenant’s improper and unauthorized use of the property, which is expressly agreed upon as a penalty clause in an amount equivalent to twice the daily rent (calculated based on the current monthly rent) for each day of delay.

In addition, the tenant shall also be obligated to pay the expenses and taxes for which it is liable under this contract, as well as any other expenses related to the property that are the tenant’s responsibility, in effect as of the contract’s termination date, for as long as the tenant continues to make improper use of the property (regardless of the number of days, even if it is for less than one month).

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

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

SIXTH: Rent, Payment Method, Adjustments, and Consequences of Nonpayment

6.1.- The monthly rent is xxxxxxx EUROS (xxxxxxx.-€), hereinafter the “rent.”

Rent begins to accrue as of the Start Date. The rent for the month in which the lease begins will be proportional to the number of days in that month during which the lease is in effect, amounting to xxxxxxxxx EUROS (xxxxx.-€). From this amount, the xxxxxx EUROS (xxxx.-€) that the tenant paid as a reservation fee on xx will be deducted, bringing the amount due for the current month to xxxxx EUROS (xxxxx.-€). 

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

Any change to the credit institution or bank account designated herein by the tenant shall have no effect between the Parties until the tenant provides the landlord with verifiable notice, with at least THIRTY (30) days’ advance notice, of the intended change,  specifying the new bank (which, if foreign, must have a branch open in Spain) and/or the replacement checking account. The rent shall not be considered paid until it is received in the lessor’s bank account and the corresponding bank entry has been recorded.

Payment shall be deemed sufficiently evidenced by the corresponding transfer receipt or proof of transfer, without the need for the landlord to issue any receipt.

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

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

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

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

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

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

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

6.5.- Any delay in payment of any financial obligations arising from this contract other than rent—to which the provisions of Section 6.3 above shall apply—shall, without the need for prior notice, accrue late payment interest in favor of the landlord as provided in Section 6.3, under the terms and conditions set forth therein. 

The foregoing is without prejudice to the landlord’s right to terminate the contract due to nonpayment of the amounts owed by the tenant under this contract, in accordance with the provisions of Clauses 12 and 13 below.

6.6.- Notwithstanding the foregoing, failure to pay and/or delay in payment of rent or any other amounts owed by the tenant shall be considered an express ground for termination of this contract, which the landlord may exercise at its discretion, within the limits established by law and case law.

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

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

7.1.—The rent does not include the property’s ordinary expenses, that is, the expenses and costs for the services and utilities provided to the property and measured by individual meters, which shall be the sole responsibility of the tenant (electricity, telephone, internet, water, gas, an alarm system if any, and any other utilities and services whose expenses and costs can be individually measured).

The residence is leased with a minimum electrical supply capacity of 2.5 kW; the tenant is solely responsible for paying any costs associated with contracting a higher capacity, should the tenant deem it necessary.

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

In any case, and until such time as the change of account holder or direct debit is completed, the landlord shall charge the tenant for the amount of consumption incurred and billed by the corresponding companies— —for the services and utilities mentioned in section 7.1 above. 

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

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

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

7.5.— Expenses related to water or other utilities in those homeowners’ associations

that are included on the homeowners’ association bill will be re-billed to the tenant

and the tenant must pay them either by direct debit, by deposit into the landlord’s account, or by wire transfer, at the landlord’s discretion.

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

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

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

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

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

In the event that, at the end of the lease, once the aforementioned THREE (3) year grace period has ended, a property tax (IBI) bill has not yet been issued by the relevant municipality for the current fiscal year, the Parties agree that the property tax (IBI) for the current year shall be shared on a pro rata temporis basis between the landlord and the tenant, based on the number of days the tenant has occupied the property during that year, based on the result of multiplying 1.05 by the amount of the IBI for the immediately preceding year, without prejudice to any subsequent settlement that may be required once the final amount of the IBI for that year is known.

Conversely, if, at the time the lease terminates, the landlord has a payment notice, a certificate from the city council, or any other document from the city council stating the amount due for the IBI for the current year, the tenant shall pay, on a pro rata basis, the portion corresponding to the number of days the lease was in effect during that year, based on said amount.

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

7.9.— Should the tenant have a security alarm installed in the dwelling, the tenant agrees to deactivate it prior to the end of the lease and will cooperate with the landlord to facilitate the installation of a new alarm if so requested. In any case, the tenant is responsible for returning the alarm to the security company that owns it.

EIGHTH: Other Expenses and Taxes

8.1.—Should either Party wish to have this lease notarized and/or registered, all notary and registration fees arising from the notarization of this contract (or its execution as a public deed), its registration, if applicable, in the Property Registry, and its cancellation, if applicable, in the Property Registry, shall be borne by the Party requesting such notarization and/or registration.

In accordance with the foregoing, if the contract has been registered in the Property Registry at the tenant’s request, the tenant agrees, at its own expense, to cancel said registration upon termination of the contract.

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

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

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

NINTH: Repairs and Construction Work

9.1.—Work to Be Performed by the Tenant

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

In any case, the tenant must hold the landlord harmless from any damages that may be caused to third parties as a result of the work—whether authorized or unauthorized—particularly work that does not comply with current regulations or laws.

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

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

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

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

9.2.- Repairs to Be Performed by the Landlord

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

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

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

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

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

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

TENTH: Security Deposit, Additional Guarantee, and Insurance.

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

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

During the first SEVEN (7) years of the contract’s term, the security deposit will not be subject to adjustment; however, each time the lease is extended, the security deposit will be adjusted so that it is equivalent to ONE (1) month’s rent at the rate in effect at that time. 

The landlord agrees to deposit the statutory security deposit in accordance with applicable regional regulations. 

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

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

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

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

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

10.4.- The amount of the security deposit and additional guarantee does not limit the tenant’s liability for obligations arising from this contract, nor does it limit any potential compensation for damages and/or penalties that the tenant may be required to pay.

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

10.5.- HOME INSURANCE: The tenant agrees to obtain home insurance that remains in effect throughout the term of the lease agreement, to provide coverage for liability for damages to third parties and, likewise, to cover the contents of the leased property, with a minimum coverage of 10,000.-€ for coverage of incidents including, but not limited to, [water damage, fire, and electrical damage], which must be in effect as of the date the lease agreement is formalized. 

The tenant hereby authorizes the landlord, pursuant to this clause, to take out on the tenant’s behalf—with the tenant as the policyholder and insured party—the home insurance described in the preceding paragraph, without prejudice to the tenant’s liability for damages caused by the use of the leased property under the terms and conditions set forth in this contract. The cost of this insurance and its renewals shall be borne by the tenant, who hereby expressly authorizes the amount to be charged to the same account from which the rent is automatically deducted. For this purpose, the tenant must provide all reasonable documentation required to arrange the aforementioned insurance. Once the contract with the insurance company has been signed, the landlord shall provide a copy thereof to the tenant. 

The initial annual premium for this insurance amounts to xxxx EUROS (XXX.-€) and shall be subject to the remaining terms and conditions described in Annex V. The tenant shall provide proof of up-to-date payment of the insurance premiums upon request by the landlord. Likewise, the tenant must provide the landlord with a copy of the insurance renewals whenever the landlord so requests. 

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

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

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

ELEVENTH: Obligations of the Tenant.

11.1.— The tenant further agrees to:

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

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

3. Not to assign the lease or sublet the property covered by this lease, in whole or in part, nor to use the property, in whole or in part, for lodging or any form thereof, without the prior, express, and written consent of the landlord.

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

5. To vacate the leased property, in accordance with the terms set forth in this contract, on the date of termination of this contract.

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

7. To uphold the warranties set forth in this contract. 

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

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

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

11. Not to engage in any acts that could invalidate the general insurance policy covering the property or the building in which it is located.

11.2.—A material breach of any of these obligations, if verified by the landlord, shall constitute grounds for termination of the lease, entitling the landlord to terminate the lease.

TWELFTH: Termination of the contract.

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

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

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

THIRTEENTH: Grounds for Termination of the Lease Agreement Due to Breach.

13.1.—Breach by either Party of the obligations arising from this lease agreement shall entitle the Party that has fulfilled its obligations to demand performance of the obligation or to seek termination of the lease agreement in accordance with the provisions of Article 1.124 of the Civil Code. Likewise, the Parties may terminate the lease agreement as of right in the cases provided for in Article 27 of the LAU and in the event of a breach of the obligations agreed upon in this lease agreement for which such breach is considered grounds for termination, within the limits established by law and case law.

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

1. Engaging in activities that are disruptive, unsanitary, harmful, dangerous, or unlawful on the leased property by the tenant.

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

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

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

5. Unauthorized assignment or sublease.

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

1. The landlord’s failure to perform the repairs referred to in Article 21 of the LAU.

2. Any actual or legal interference by the landlord in the use of the property.

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

FOURTEENTH: Notifications

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

Landlord: xxxxxxxxxxxxxxx 

Tenant: xxxxxxxxxxxx

and the following addresses:

Landlord: xxxxxxxxxxxxxx Street

Tenant: xxxxxxxxxx

14.2.—Communications shall preferably be made via electronic means, provided that the authenticity of the communication and its content is guaranteed and there is reliable proof of the complete transmission and receipt, as well as the time at which they occurred. If this is not possible, if the email service is not functioning, or if the above requirements for email communications are not met, communications shall be made by certified mail or by burofax.

FIFTEENTH: Jurisdiction

15.1.—For any action, whether contractual or non-contractual, arising in connection with this lease agreement, the Parties agree to submit to the jurisdiction of the courts of the location where the leased property is situated. The Parties expressly waive any other jurisdiction to which they might be entitled, unless such jurisdiction is mandated by law.

SIXTEENTH: Data Protection and Inclusion of Debt Default Information in Shared Credit Reports.

16.1.—Who is the data controller for your personal data? 

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

The tenant may contact the data protection officer at dpo@clikalia.com or at Calle Maria de Molina 39, 9th Floor, 28006 Madrid.

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

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

• Establishing the contractual relationship and related actions between the landlord and the tenant. Managing, executing, and maintaining the lease agreement.

• Managing property maintenance through third parties to carry out inspections or repairs. 

• Financial management of payments and receipts, and monitoring of rates for the preparation of invoices. 

• Handling of issues arising from the lease agreement.

• Conducting satisfaction surveys to implement improvements in the management of quality processes related to lease management. 

• Management of the deposit of the statutory security deposit with the relevant authorities. 

• Possible enforcement of guarantees.

• Sending communications and notifications, via email or SMS, regarding issues or any other problems related to the building.

• Management, registration, and deregistration of users in the Clikalia customer portal for resolving issues related to the property and other related services.

• Monitoring and ensuring corporate compliance with the Parties’ obligations.

• Sending information about products and services related to the lease agreement. If you do not wish to receive this type of information, check the box: I do not authorize  ⃣

We inform you of the existence of opt-out systems designed to prevent the sending of commercial communications. A list of these systems is available on the AEPD’s website (https://sedeagpd.gob.es).

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

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

• Performance of the contractual relationship established between the Parties.

• Compliance with applicable national and regional laws, in particular Law 29/1994 of November 24 on Urban Leases, tax laws, and the Civil Code. 

• The landlord’s legitimate interest in identifying potential issues or areas for improvement in its quality management system. 

• The landlord’s legitimate interest in keeping you informed about products and services related to the lease. 

• Legitimate interest in defending the interests of the Parties in the event of a dispute. 

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

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

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

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

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

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

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

If the tenant’s default information is added to a negative credit registry at the landlord’s request, the tenant will receive, within a maximum period of one month from the date the debt is recorded in the registry, a notice from the operator of the relevant registry informing them of the inclusion of their data and of the possibility to exercise the rights set forth in Articles 15 through 22 of the General Data Protection Regulation (EU) 2016/679.

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

The landlord informs you that, for administrative purposes, it uses information systems (Microsoft 365 Online Services), whose operators may be located in countries with legislation that is not comparable, which may involve international data transfers. 

16.6.- What are your rights? 

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

16.7. – Internal Reporting Channel

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

16.8.- Direct Debit Mandate (SEPA).

In accordance with and in compliance with the provisions of the General Data Protection Regulation (EU) 2016/279 and Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights, THE LESSOR hereby 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 business, the direct debit of bills [and one-time charges for services rendered by the Data Controller], and the processing of tax certificates. 

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

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

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

No international data transfers are planned. 

Consequently, the tenant hereby states that: 

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

SEVENTEENTH: Prevention of Money Laundering and Terrorist Financing

17.1.—Prevention of Money Laundering and Terrorist Financing:

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

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

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

EIGHTEENTH

18.1.- Procedure for electronic notification in the event of non-payment and pre-litigation negotiations. 

In compliance with the provisions of Article 6 of Organic Law 1/2025, and for the purpose of documenting negotiation efforts prior to any legal claim, the tenant expressly authorizes the landlord to send an electronic notification via the email address specified in Clause 14, communicating the binding settlement offer provided for in the aforementioned law. 

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

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

In the event of non-payment, the legally established procedures will be followed to first reach an amicable resolution through an appropriate dispute resolution mechanism (MASC), including, where applicable, a binding offer. If the parties have not resolved the dispute through the aforementioned mechanism, the appropriate legal actions may be taken to recover the debt, including eviction proceedings and claims for rent.
 

APPENDIX I: TERMS AND CONDITIONS FOR RESIDENTIAL LEASES BY LEGAL ENTITIES

FIRST: Nature and Applicable Legal Framework

1.1.- Nature.

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

1.2.- Applicable Legal Framework.

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

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

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

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

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

(i)  Article 30 in conjunction with Articles 19, 21, 22, 23, and 26, and

(ii)  Articles 32, 33, 34, and 35.

SECOND: Purpose

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

2.2.—By signing this Agreement, the Lessee receives the keys and is granted free possession and use of the Property on the Commencement Date as set forth herein. The Lessee declares that they are aware of and accept the Property’s physical and legal condition and characteristics, having previously inspected them, and deems it suitable for the agreed-upon purpose.

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

2.3.—If the leased Property is furnished in accordance with the attached inventory, the Tenant shall be liable for any deterioration of the respective movable property resulting from any damage or harm caused thereto, as well as any breakdowns or defects caused by misuse, negligence, or willful misconduct, in an amount equal to the market value of each damaged item at the time the Tenant reports the damage, breakdown, defect, or harm to the item, or, if such damage has not occurred by the end of the lease term, when it is discovered by the Landlord following the recovery or return of the leased property. Said amount must be paid by the Tenant to the Landlord upon the Landlord’s simple request within 3 days of such request; otherwise, it may be deducted from the security deposit and additional guarantee.

THIRD: Permitted Use and Purpose

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

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

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

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

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

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

3.3.—The Tenant declares that they have obtained or will obtain, prior to commencing their activities in the Property, and that they will continue to hold such permits, authorizations, and licenses throughout the term of the lease, all permits, authorizations, and licenses required by the Spanish authorities, either at the time the Contract is formalized or in the future (in which case the Tenant agrees to obtain them within the legally established timeframes for that purpose), in connection with the Tenant’s use of the Property; the Tenant shall be solely responsible, at its own risk, for obtaining and maintaining such permits, licenses, and authorizations. The Landlord shall provide the Tenant with any documentation in its possession that is necessary for applying for the aforementioned permits, authorizations, and licenses.

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

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

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

By this contract, the Tenant is expressly authorized to attend meetings of the homeowners’ association where a possible limitation on the

of the Property, so that the Tenant may vote against such a proposal. For the purpose of obtaining information regarding the scheduling of these meetings, the Tenant is authorized to request information from the relevant property management companies or homeowners’ associations regarding the scheduling of such meetings. Therefore, the Tenant may not make any demands or claims against the Landlord in the event that any adverse consequences for the Tenant arise from the Homeowners’ Association’s resolutions.

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

FOURTH: Assignment, Subleasing, and Right of First Refusal

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

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

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

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

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

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

5.1.—Term of the Lease.

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

5.2.—The Tenant shall have the option to terminate this Agreement at any time, provided that the Tenant gives written notice of such intent at least NINETY (90) days prior to the intended termination date.

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

5.4.—Upon termination of the lease agreement, the Tenant must return the keys to the Landlord and restore full possession and use of the property, which must be vacated, cleaned, and in the same good condition as when it was received; the Landlord or a person designated by the Landlord shall then inspect the property as soon as possible.

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

SIXTH: Rent, Payment Method, Adjustments, and Consequences of Nonpayment

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

The Rent does not include property tax, vehicle access fees, waste collection fees, condominium fees, general expenses, or utility costs—such as water, electricity, elevator maintenance, and air conditioning (if applicable)—nor any other consumption charges or expenses that must be paid by the Tenant.

6.2.—The rent shall be paid via a Direct Debit Authorization or SEPA Mandate, which is attached as Annex III.

Any change to the financial institution or bank account designated herein shall have no effect between the parties until the Tenant provides the Landlord with verifiable notice at , with at least thirty (30) days’ advance notice, of the intended change, specifying the new financial institution with branches in Spain and the replacement checking account. The rent shall not be considered paid until it is received in the Landlord’s bank account and the corresponding bank entry has been recorded.

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

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

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

6.4.—Any delay in payment of any financial obligations arising from this contract—other than the monthly rent, to which the provisions of Section 6.2 above shall apply—shall accrue, without the need for prior notice, late payment interest in favor of the Landlord equivalent to the statutory interest rate until the date of actual payment of all amounts due.

6.5.—All damages and losses resulting from the failure to pay any amount for which the Tenant is responsible shall be borne by the Tenant. The Landlord may pass these amounts on to the Tenant, without the need for prior notice, in the next monthly payment invoice, attaching the appropriate supporting documents.

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

6.7.- Collection Costs for Returned Payments.

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

The Landlord may charge the Tenant for the actual costs incurred as a result of the aforementioned non-payment of invoices. These costs include those incurred by the Landlord in connection with the steps taken to recover the amounts.

for unpaid invoices. In addition, the Landlord may charge the Tenant who has set up direct debit payments via SEPA mandate a collection fee of up to TWENTY-FIVE EUROS (25.00.-€) for each unpaid invoice, without prejudice to the Lessor’s right to take other actions, including, but not limited to, the enforcement of the security deposit, additional guarantees, and any other existing guarantees in each case, as well as the inclusion, where applicable, of the Lessee’s information in credit and financial solvency databases.

6.8.- Billing.

1. Invoicing of Rent.

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

2. Billing of Taxes.

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

3. Billing for Property Expenses.

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

    

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

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

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

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

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

IBAN: xxxxxxxxxxxxxxxxxxxxxx

Description: Apartment code – Utility account transfer

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

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

7.5.—It is expressly stated that upon termination of the lease agreement, and in order to deliver the dwelling free of any encumbrances or contractual obligations regarding utilities that might affect subsequent lease agreements with a new tenant, the current Tenant must provide the Landlord with the corresponding supporting documents issued by each of the utility companies, certifying that the Tenant is current on payments for the utilities affecting the property and, where applicable, the corresponding certification of the cancellation of such contracts.

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

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

7.6.- Condominium Fees.

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

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

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

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

EIGHTH: Other Expenses and Taxes

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

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

8.2.- Taxes.

The Lessee shall be responsible for all municipal taxes that:

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

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

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

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

The Lessee shall not be liable for, nor shall it reimburse the Lessor for, any interest, fines, penalties, or surcharges that any public administration body may impose on the Lessor due to the Lessor’s delay in paying taxes or failure to fulfill its obligations as a taxpayer.

Garbage/waste collection fees or similar or analogous taxes shall be borne by the Lessee, and the Lessor shall re-invoice them to the Lessee, who must pay them either by direct debit, by deposit into an account, or by wire transfer, at the Lessor’s discretion.

8.3.- Value-Added Tax (VAT).

The rent for the property, as provided for in this Agreement, shall be subject to Value Added Tax at the rate applicable at any given time.

NINTH: Repairs and Renovations

9.1.- Work to Be Performed by the Tenant.

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

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

(ii)    affect the structure,

(iii)   affects common areas or the safety and stability of the building.

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

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

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

The Landlord is entitled to access the Property at any time, upon at least two calendar days’ prior notice, for the purpose of inspecting its condition and verifying whether any unauthorized renovations have been carried out.

A breach of this clause shall constitute grounds for termination of this contract. The Landlord may demand that the property be restored to its previous condition and may seek appropriate compensation.

Any modifications made by the Tenant shall remain for the benefit of the property upon termination of this contract, without any compensation to either party.

9.2.—Repairs to Be Performed by the Landlord.

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

In the event of urgent repairs, the Tenant shall immediately notify the Landlord, who undertakes to carry out the repairs with the utmost urgency. If, after five (5) business days, the repairs have not been completed, the Tenant may carry out the repairs themselves, provided that they do not affect common areas, and the cost of such repairs shall be deducted, upon submission of the appropriate invoice to the Landlord, from the Rent due in the following month, or, where applicable, added to the amount to be refunded by the Landlord as a security deposit at the end of the lease, based on what the parties agree upon at that time, always in accordance with the provisions set forth herein.

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

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

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

TENTH: Security Deposit, Additional Guarantee, and Insurance.

10.1.—The security deposit for this lease, that is, the amount equivalent to two (2) monthly payments of the average rent for the first five (5) years of this Agreement’s term, amounts to xxxxxxxx EUROS (xxxxxxx.-€) (the “Security Deposit”). This security deposit shall serve as a security deposit for the duration of the lease and must be returned to the Tenant if, at the end of the lease term, the Tenant is current on all payments and the property has been maintained and returned in perfect condition.

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

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

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

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

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

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

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

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

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

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

ELEVENTH: Obligations of the Lessee.

11.1.— The Tenant further agrees, jointly and severally, to:

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

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

3. Not to assign, transfer, or sublet the property covered by this contract, in whole or in part, nor to use the property, in whole or in part, for lodging or any other purpose covered herein, without the prior, express, and written consent of the Landlord.

4. The Tenant must notify the Landlord as soon as possible of the need to carry out repairs necessary to maintain the dwelling in a habitable condition.

5. To vacate the leased property in perfect condition on the date of termination of this contract.

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

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

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

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

TWELFTH: Termination of the Contract.

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

12.2.- This contract may also be terminated early, at the request of either party and upon delivery of a formal notice to that effect to the other party, if the other party fails to comply with any of the obligations assumed under this contract.

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

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

THIRTEENTH: Grounds for Termination of the Lease.

13.1.—Any breach, for any reason, of the obligations arising from this lease agreement shall entitle the party that has fulfilled its obligations to demand performance of the obligation or to seek termination of the lease agreement in accordance with the provisions of Article 1.124 of the Civil Code. Likewise, the Parties may terminate this lease agreement as of right in the cases provided for in Article 27 of the Urban Lease Law and in the event of a breach of the obligations agreed upon in this lease agreement, where such breach is expressly provided to be grounds for termination.

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

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

• Unauthorized assignment or subletting.

   

FOURTEENTH: Notifications

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

Landlord: xxxxxxxxxxxxxxx Tenant: xxxxxxxxxxxx

and the following addresses:

Landlord: xxxxxxxxxxxxxx Street Tenant: xxxxxxxxxx

14.2.—Communications shall be made primarily by electronic means; if this is impossible or the electronic service is unavailable, they shall be sent by regular mail via certified fax.

FIFTEENTH. Jurisdiction

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

SIXTEENTH: Consumer Rights

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

SEVENTEENTH: Data Protection and Inclusion of Data on Non-Payment of Debt in Shared Credit Reports.

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

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

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

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

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

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

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

17.3.—In the event that the Lessee’s default information is added, at the Lessor’s request, to a negative credit registry, the Lessee shall receive, within a maximum period of one month from the registration of the debt in the registry, a notice from the operator of the relevant registry informing them of the inclusion of their personal data therein, and advising them of the possibility to exercise the rights set forth in Articles 15 through 22 of the General Data Protection Regulation (EU) 2016/679.

In any case, the Lessor assumes no liability arising from the failure of the operator of the relevant credit registry to provide the aforementioned notification to the debtor Lessee.

17.4.- Sending of the Lessor’s own commercial communications.

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

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

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

17.5.- Direct Debit (SEPA) Authorization.

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

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

Consequently, the Tenant hereby states that:

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

17.6.—Transfer of Data to the Homeowners’ Association.

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

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

EIGHTEENTH. Prevention of Money Laundering and Terrorist Financing

18.1.—Prevention of Money Laundering and Terrorist Financing:

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

Failure by the Lessor to obtain the information and documentation required by the internal policies established to comply with the law shall constitute sufficient grounds for the Lessor to be authorized to REFUSE TO PROCEED WITH THE VALIDATION OF THE POTENTIAL LESSEE or, where applicable, to terminate the contractual relationship with the lessee if the lease has already been signed.

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

NINETEENTH

19.1.—Procedure for electronic notification in the event of non-payment and pre-litigation negotiations. 

In compliance with the provisions of Article 6 of Organic Law 1/2025, and for the purpose of documenting negotiation efforts prior to any legal claim, the tenant expressly authorizes the landlord to send an electronic notification via the email address specified in Clause 14, communicating the binding settlement offer provided for in the aforementioned law. 

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

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

In the event of non-payment, the legally established procedures will be followed to first reach an amicable resolution through an appropriate dispute resolution mechanism (MASC), including, where applicable, a binding settlement offer. If the parties have not resolved the dispute through the aforementioned mechanism, the appropriate legal actions may be taken to recover the debt, including eviction proceedings and claims for rent.

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

FIRST. The Parties have agreed to formalize the lease agreement for the Property subject to the clauses set forth in Annex I, which is attached to this agreement. 

It is also hereby noted that the lessee is a legal entity and, directly with respect to the lessee, a lease for use as a primary residence could not be agreed upon, since the scope of Article 2 of Law 29/1994, of November 24, on Urban Leases (hereinafter the “LAU”) refers to meeting the tenant’s need for permanent housing, which is limited to natural persons, given that legal entities are unable to reside in a property. Notwithstanding the foregoing, the end user of the Property will be, as declared by the tenant company under its own responsibility, natural persons employed by it, for the purpose of using it as their primary residence without the tenant company commercially exploiting the leased portion of the Property. Specifically, the employees for whose benefit the tenant company is leasing the property are xxxxxxxxxxxxxxxxx. 

For this reason, the lessee expressly declares that it is acting in the course of its business activities, regardless of whether the property is used as the primary residence of the individuals employed by the lessee who have been specifically identified as the end users of the property, for the purpose of ensuring that the lease is subject to and exempt from VAT.

FIRST: Nature and Applicable Legal Framework

1.1.- Nature. 

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

1.2. Applicable Legal Regime. 

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

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

SECOND: Purpose

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

2.2.—Upon signing this Agreement, the Lessee receives the keys and is granted free possession and use of the Property on the Commencement Date as set forth herein. The Lessee declares that they are aware of and accept the Property’s physical and legal condition and characteristics, having previously inspected them, and deems the Property suitable for the agreed-upon use.

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

2.3.—In the event that the leased Property is furnished in accordance with the attached inventory, the Tenant shall be liable for the deterioration of the respective movable property due to any damage or harm caused thereto, as well as any breakdowns or defects resulting from misuse, negligence, or willful misconduct, in an amount equal to the market value of each damaged item at the time the Tenant reports the damage, breakdown, defect, or harm to the item, or, if such damage has not occurred by the end of the lease term, when it is discovered by the Landlord following the vacating or return of the leased property. The Tenant must pay this amount to the Landlord upon the Landlord’s simple request within 3 days of such request; otherwise, it may be deducted from the security deposit and additional guarantee.

THIRD: Intended Use and Permitted Use

3.1.—The Lessee shall, under its own responsibility, use the Property to meet the housing needs of its employee, executive, or member of its respective board of directors, provided that such person is employed by the Lessee’s company, insofar as they maintain an employment relationship, a senior management position, a position as an administrator, or a position as a member of the Board of Directors (the “Permitted Use”).

It is expressly agreed that the Lessee shall not be permitted to use the dwelling for any purpose other than residential use by the person expressly designated as the beneficiary; in particular, the transfer or sublease of the Property to third parties is prohibited, insofar as the dwelling is not intended for or used in connection with the exercise or conduct of a business or professional activity under the terms set forth in Article 32 of the LAU. 

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

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

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

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

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

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

FOURTH: Assignment, Subleasing, and Right of First Refusal

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

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

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

4.3.—The Lessee acknowledges and agrees that the Lessor may assign its position as Lessor to a third party, under the terms applicable by law.

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

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

5.1.- Term of the Lease. 

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

5.2.—The Tenant shall have the option to terminate this Agreement at any time, provided that the Tenant gives written notice of such intent at least NINETY (90) days prior to the intended termination date.

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

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

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

SIXTH: Rent, Payment Method, Adjustments, and Consequences of Nonpayment

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

The Rent does not include property tax, vehicle access fees, waste collection fees, condominium fees, general expenses, or utility costs—such as water, electricity, elevator maintenance, and air conditioning (if applicable)—nor any other consumption charges or expenses that must be paid by the Tenant. 

6.2.—The rent shall be paid via a Direct Debit Authorization or SEPA Mandate, which is attached as Annex III. 

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

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

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

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

6.4.—Any delay in payment of any financial obligations arising from this contract—other than the monthly rent, to which the provisions of Section 6.2 above shall apply—shall accrue, without the need for prior notice, late payment interest in favor of the Landlord equivalent to the statutory interest rate until the date of actual payment of all amounts due.

6.5.—All damages and losses resulting from the failure to pay any amount for which the Tenant is responsible shall be borne by the Tenant. The Landlord may pass these amounts on to the Tenant, without the need for prior notice, in the next monthly payment invoice, attaching the appropriate supporting documents.

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

6.7.- Collection Costs for Returned Payments.

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

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

6.8.- Billing. 

A)  Invoicing of Rent.

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

B) Billing of Taxes.

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

C)  Billing for Property Expenses. 

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

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

7.1.—The rent does not include the ordinary common expenses of the dwelling, that is, the utilities or service charges associated with the dwelling  and measured by individual meters, which shall be the sole responsibility of the Tenant (electricity, telephone, water, gas, an alarm system if any, and any other utilities and other individually measurable expenses, which shall be the Tenant’s responsibility), and the Tenant must register for these services in their own name. 

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

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

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

IBAN: xxxxxxxxxxxxxxxxxxxxxx

Description: Apartment code – Utility account transfer 

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

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

7.5.- It is expressly stated that upon termination of the lease agreement, and in order to deliver the dwelling free of any encumbrances or contractual obligations related to utilities that could affect subsequent lease agreements with a new tenant, the current Tenant must provide the Landlord with the corresponding supporting documents issued by each of the utility companies, certifying that the Tenant is current on payments for the utilities affecting the property and, where applicable, the corresponding certification of the cancellation of such contracts. 

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

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

7.6.- Condominium Fees.

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

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

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

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

EIGHTH: Other Expenses and Taxes

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

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

8.2.- Taxes. 

The Lessee shall be responsible for all municipal taxes that:

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

2. are levied on the ownership and possession of the Property, even if the Lessor is the taxpayer for such taxes. 

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

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

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

The Lessee shall not be liable for, nor shall it reimburse the Lessor for, any interest, fines, penalties, or surcharges that any public administration body may impose on the Lessor due to the Lessor’s delay in paying taxes or failure to fulfill its obligations as a taxpayer.

Garbage/waste collection fees or similar or analogous taxes shall be borne by the Lessee, and the Lessor shall re-invoice them to the Lessee, who must pay them either by direct debit, by deposit into an account, or by wire transfer, at the Lessor’s discretion.

8.3.- Value-Added Tax (VAT).

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

NINTH: Repairs and Renovations

9.1.- Work to Be Performed by the Tenant.

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

1. require the issuance of a major construction permit by the authorities; or 

2. affect the structure, 

3. affect common areas or the safety and stability of the building; or

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

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

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

The Landlord is entitled to access the Property at any time, upon at least two calendar days’ prior notice, for the purpose of inspecting its condition and verifying whether any unauthorized renovations have been carried out.

A breach of this clause shall constitute grounds for termination of this contract. The Landlord may demand that the property be restored to its previous condition and may seek appropriate compensation. 

Any modifications made by the Tenant shall remain for the benefit of the property upon termination of this contract, without any compensation to either party.

9.2. Work to Be Performed by the Landlord.

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

In the event of urgent repairs, the Tenant shall immediately notify the Landlord, who undertakes to carry out the repairs with the utmost urgency. If, after five (5) business days, the repairs have not been completed, the Tenant may carry out the repairs themselves, provided that such repairs do not affect common areas, and the cost of the repairs shall be deducted, upon submission of proof of such cost via an appropriate invoice sent to the Landlord, from the Rent due in the following month, or, where applicable, added to the amount to be refunded by the Landlord as a security deposit at the end of the lease, based on what the parties agree upon at that time, always in accordance with the provisions set forth herein.

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

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

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

TENTH: Security Deposit, Additional Guarantee, and Insurance.

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

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

Within a maximum period of one (1) month from the date of signing this Agreement, the Landlord shall deposit an amount equivalent to two (2) months’ rent for the first year of the Agreement with the appropriate public agency or shall include it in any agreement that may be entered into for the deposit of the security deposit.

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

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

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

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

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

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

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

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

ELEVENTH: Obligations of the Lessee

11.1.— The Tenant further agrees, jointly and severally, to:

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

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

3.  Not to assign, transfer, or sublet the property covered by this contract, in whole or in part, nor to use the property, in whole or in part, for lodging or any other purpose covered herein, without the prior, express, and written consent of the Landlord.

4.  The Tenant must notify the Landlord as soon as possible of the need to carry out repairs necessary to maintain the property in a habitable condition.

5. The Tenant shall vacate the property subject to this lease in perfect condition on the date of termination of this contract.

6. To comply with the rules set forth in the homeowners’ association bylaws and those contained in the current Condominium Law, undertaking in particular not to disrupt the normal functioning of the homeowners’ association or the daily lives of the property’s residents.

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

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

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

TWELFTH: Termination of the Contract.

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

12.2.- This contract may also be terminated early, at the request of either party and upon delivery of a formal notice to that effect to the other party, if the other party fails to comply with any of the obligations assumed under this contract.

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

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

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

THIRTEENTH: Grounds for Termination of the Contract.

13.1.—Any breach, for any reason, of the obligations arising from this lease agreement shall entitle the party that has fulfilled its obligations to demand performance of the obligation or to seek termination of the lease agreement in accordance with the provisions of Article 1.124 of the Civil Code. Likewise, the Parties may terminate the lease agreement as of right in the cases provided for in Article 27 of the Urban Lease Law and in the event of a breach of the obligations agreed upon in this lease agreement, where such breach is expressly provided to be grounds for termination.

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

• Engaging in activities that are disruptive, unsanitary, harmful, dangerous, or unlawful in the leased dwelling by the Tenant.

• Engaging in activities for tourist purposes in the Property.

• Engaging in activities not permitted by the bylaws or as determined by the Owners’ Association.

• Intentional damage to or unauthorized alterations to the dwelling by the Tenant, as well as any other action that affects or alters the structure of any part of the building.

• Furthermore, the Tenant agrees not to engage in any acts that could invalidate the general insurance policy covering the dwelling and the building in which it is located.

• Failure to pay rent and other amounts that the Tenant has agreed to pay or is obligated to pay under the contract. 

• Unauthorized assignment or subletting.

FOURTEENTH: Notifications

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

Landlord: xxxxxxxxxxxxxxx 

Tenant: xxxxxxxxxxxx

and the following addresses:

Landlord: xxxxxxxxxxxxxx Street

Tenant: xxxxxxxxxx

14.2.—Communications shall be made primarily by electronic means; if this is impossible or the electronic service is unavailable, they shall be sent by regular mail via certified fax.

FIFTEENTH: Jurisdiction

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

SIXTEENTH: Consumer Rights

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

SEVENTEENTH: Data Protection and Inclusion of Data on Non-Payment of Debt in Shared Credit Reports.

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

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

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

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

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

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

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

17.3.—In the event that the Lessee’s default information is added, at the Lessor’s request, to a negative credit registry, the Lessee shall receive, within a maximum period of one month from the registration of the debt in the registry, a notification from the operator of the relevant registry informing them of the inclusion of their personal data therein, and advising them of the possibility to exercise the rights set forth in Articles 15 through 22 of the General Data Protection Regulation (EU) 2016/679.  

In any case, the Lessor assumes no liability arising from the failure of the operator of the relevant credit registry to provide the aforementioned notification to the debtor Lessee.

17.4.- Sending of the Lessor’s own commercial communications. 

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

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

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

17.5.- SEPA Direct Debit Authorization.

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

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

Consequently, the Tenant hereby states that: 

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

17.6.—Transfer of Data to the Homeowners’ Association.

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

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

EIGHTEENTH: Prevention of Money Laundering and Terrorist Financing

18.1.—Prevention of Money Laundering and Terrorist Financing:

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

Failure by the Lessor to obtain the information and documentation required by the internal policies established to comply with the law shall constitute sufficient grounds for the Lessor to be authorized to NOT PROCEED WITH THE VALIDATION OF THE POTENTIAL LESSEE or, where applicable, to terminate the contractual relationship with the lessee if such a contract has already been signed. 

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

NINETEENTH

19.1.—Procedure for electronic notification in the event of non-payment and pre-litigation negotiations. 

In compliance with the provisions of Article 6 of Organic Law 1/2025, and for the purpose of documenting negotiation efforts prior to any legal claim, the tenant expressly authorizes the landlord to send an electronic notification via the email address specified in Clause 14, communicating the binding settlement offer provided for in the aforementioned law. 

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

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

In the event of non-payment, the legally established procedures will be followed to first reach an amicable resolution through an appropriate dispute resolution mechanism (MASC), including, where applicable, a binding offer. If the parties have not resolved the dispute through the aforementioned mechanism, the appropriate legal actions may be taken to recover the debt, including eviction proceedings and claims for rent.