In the age of digitalisation and instant messaging, it is becoming increasingly common for negotiations and agreements to be conducted through electronic channels, such as WhatsApp. Leases are no exception to this trend, with landlords and tenants looking to simplify processes. However, a key question arises: how legally valid is a rental contract agreed via WhatsApp? We reveal all.
What does the law say about WhatsApp rental agreements?
A WhatsApp rental agreement is as valid as any other written agreement. The Urban Leases Act (LAU) does not establish any specific form for entering into a rental contract, so the parties are free to agree on how they wish to do so.
Are rental conditions agreed by WhatsApp valid?
The following requirements must be met for rental contracts made via WhatsApp to be valid:
- Messages should be clear, understandable and clearly reflect the parties' willingness to enter into a rental contract.
- The mobile phones used in the communication must be confirmed as belonging to the parties involved to ensure that the conversation is real.
- The parties entering into the contract must be identifiable.
- The contract terms, such as identifying the property, the contract duration, the rent, the relevant clauses, etc., must be clear.
- If there is a dispute between the parties, WhatsApp messages can be used as evidence to prove that a contract exists and the content of its clauses.
- Having access to the full, unaltered conversation is essential, as having only fragments of the conversation could lead to misunderstandings or disputes.
- To verify the communication, proof of both sending and receiving the message is necessary; in this sense, the double blue "tick" confirmation or a reply to the message will suffice.
- Notification deadlines and the regulations established in the LAU must be followed.
Therefore, a rental contract made by WhatsApp is perfectly valid and can be used in court as proof that a rental contract exists.
However, you should bear in mind that, although a rental contract made via WhatsApp is valid, it can be more difficult to prove than a written contract. We therefore recommend that rental contracts should always be made in writing, as this will offer the parties more legal security.
Can a rental contract be cancelled by WhatsApp?
Although terminating a rental contract via WhatsApp may be considered valid proof, current regulations state that contracts must be terminated via a proper means of notification, such as a registered fax.
This communication is the most legally secure, as it leaves a record and will serve as proof in the event of a dispute. The ideal method is to notify of the lease termination by registered fax with a message via WhatsApp, email or a phone call.
Rent increases can also be communicated by WhatsApp and will be considered valid. However, to be more legally secure, a registered fax is recommended.
How do you know if a rental contract is legal?
Verifying the legality of a rental contract is essential to comply with the Urban Leases Law (LAU) requirements, as it must identify the parties, describe the property, state the contract duration, the rent, the deposit and may include other clauses. In addition, clauses considered abusive, such as those modifying the LAU rules to the detriment of the tenant or those imposing non-legal management fees, should be avoided.
What happens if I don't have a rental contract?
If you don't have a rental contract, you are considered a "tenant at will". This means that the rental relationship is regulated by the Urban Lease Law (LAU). The main disadvantage of not having a rental contract is that you have fewer rights than a tenant with a contract. For example, a tenant with a contract is entitled to a minimum lease of five years, while a tenant at will can be evicted with 30 days' notice.