Rental agreements in Spain are subdivided into three categories: rental agreements regarding assets, works and services.
Spanish Rental agreements regarding assets
In the case of Spanish rental agreements regarding assets, one party undertakes to give the enjoyment or use of a thing to the other party for a certain period of time at a certain price.
Examples of these rental agreements are the renting out of apartments, both residential (house, office, commercial space) and rural (livestock farming, orchards or agricultural fields). In both cases, these agreements are subject to specific laws due to their importance and different case studies. In other articles of our miscellaneous websites, you can find more information on the features and case studies of this kind of contracts.
Other very common Spanish rental agreement is the renting out of vehicles without a driver, the “rent-a-car” contracts for both long and short-term periods.
Almost any kind of object may be rented out, unless we are dealing with an object that is consumed by its use such as a loaf of bread just to give an example.
The appropriate negotiations and the adequate clauses in the rental agreement in Spain is a serious and delicate issue. The correct drawing up and configuration, establishing precise guarantees, especially for the landlord are, in case of getting into a conflict with the tenant, of major importance in order to recover late rental sums and to recover the property in the least dramatic way and as soon as possible.
Sometimes, In Spain, it can just not be avoided to end up in court in these cases. These are the well-known Spanish eviction cases. It is crucial to have a good negotiated contract in order for such proceedings to come to a good end.
Do not trust your case to just anybody and get independent Spanish legal advice of qualified Spanish lawyers as our multi-lingual team at Arcos & Lamers Asociados who are experienced in these areas.
Spanish Rental agreements regarding works
Another type of rental agreement is the works contract. This type of contracts is used when you want to built a house in Spain or when you commission a painting or artwork to someone. Equally, contracts with doctors or plastic surgeons are works contracts.
The most important and defining characteristics of these kinds of contracts in Spain? Basically, the most far-reaching feature is that someone receives the obligation to get a certain result in accordance with the specific contents of the order. A constructor needs to deliver us the house exactly as it has been drawn by the architect. The surgeon, to whom we commissioned the nose surgery, must get the exact result as described in the contract, etc.
Spanish Rental agreements regarding services
On the other side, our work encompasses also service agreements. In Spain, these agreements are used when engaging a Spanish lawyer for example, or when you go to your practitioner or in case -we hope you will never have to use their services- a specialist in case you have any specific disease. In these cases, the person does not undertake to execute a certain result – this might or might not be obtained – but he does undertake to use all his know-how, expertise, effort and experience to achieve this goal. This is known as “Lex Artis”, there is a particular one for each profession.
Our multi-lingual lawyers and economists at our law firm in Marbella, Arcos & Lamers Asociados, offer you all these services under one roof. Contact us for more information!
Legal advice from Arcos & lamers Asociados
Appropriate negotiations and the adequate clauses in the rental agreements will secure your business. Our multi-lingual lawyers and economists at our law firm in Marbella, Arcos & Lamers Asociados, offer you all these services under one roof. Contact us for more information!