In large cities in Spain, such as Madrid or Barcelona, where the price of renting a flat is beyond the economic possibilities of many people, renting individual rooms is an increasingly common practice. But what does this look like, and what are the most common doubts about the process? Below we lay out what's involved for you.
Types of rental contract
Those people interested in enjoying a shared flat can find several types of room rental contracts, among which are the following:
- Seasonal room rental contract: When talking about the long-term model room rental contract, reference is made to those leases that are intended to be used on a seasonal basis. In this model, which is also used for student room rental contracts, the duration is not defined by law.
- Long-term room rental contract: When we talk about a long-term rental contract, we are referring to those that have a minimum duration of 5 years.
- Shared flat rental contract: In some cases, instead of a contract for renting a room in a usual residence, a shared flat rental model is chosen, in which the different parties share the rent of a full flat.
How to rent a room
Searching for how to rent a room in a house is becoming more and more common, as many people see this alternative to conventional renting as a way of generating income while continuing to live in the same house, or making it easier for other people to rent.
The rental of rooms is regulated by the Civil Code, unlike the rental of entire dwellings. The main characteristic of this is that the duration of the room rental contract is exactly the duration agreed in the contract, without the right to extension on the part of the tenant, as is the case if a dwelling is rented as a whole.
In order to rent it, it will be necessary to draw up a rental contract, in which a series of fundamental aspects must be included. It is also necessary to be aware of the tax aspects, as the landlord must declare the profit obtained from renting the room to the tax authorities.
Frequently asked questions
What does it mean to rent a room?
A room rental contract means renting out one or more rooms in a flat, regardless of whether or not you live there, to one or more tenants. This contract is covered by the Civil Code and is excluded from the Horizontal Property Law, because it does not involve renting out an entire flat, but rather one or more individual rooms within it.
How to draw up a room rental contract?
A room rental contract must have a series of fundamental aspects in its drafting, which are:
- Clearly indicate the room that the tenant will occupy.
- Duration of the contract.
- The price and method of payment must be established.
- Whether or not there is the possibility of subletting the room.
- Indicate the necessary notice in the event that the tenant wishes to cancel the rental of the room before the previously agreed time.
- The services included in the rent, such as the use of the kitchen, internet connection, etc., and also the way in which the common expenses and any extra expenses that may be incurred will be split between the flatmates.
- In addition, rules of coexistence are also usually included to improve coexistence between the different tenants.
How to evict a tenant from a room without a contract?
Starting from the basis that there should always be a contract for the rental of a room to avoid problems, it is possible that there has been a verbal rental contract that is within the law. However, different factors can complicate this particular situation.
In the case that the landlord has rented his property to a tenant without a contract, and this tenant does not pay, disturbs the neighbours, or causes other problems for the landlord, they can evict the tenant in different ways according to the particular causes of the eviction:
- For most reasons, including non-payment of rent, as long as you give 30 days notice, you can evict the tenant, unless the reason is illegal discrimination or retaliation.
- Eviction can be carried out with 7 days notice when there is a compelling reason, such as a change of lock, causing a nuisance to neighbours or a serious deterioration of the property.
In either case, the steps to follow are these:
- Notify the tenant in writing that he/she must leave the property and of the deadline for doing so. This is usually done by means of a burofax.
- If this does not work, you will have to resort to legal action, enclosing a General Power of Attorney for lawsuits, a copy of the request for collection (in the case of non-payments), proof of non-payments if this is the reason, and a copy of the deeds of ownership of the property.
- The following month, the tenant will receive the notification of the admission of the lawsuit and the date of the trial. In the notification will appear the date of eviction, where the landlord will be able to take possession of the property.
Is it necessary to declare the renting of a room?
When talking about a room rental contract, it is important to bear in mind that there are some common doubts, such as that of the room rental contract income declaration, i.e. whether the income obtained from renting part of the property should be included in the same as if the property is rented in its entirety.
In this regard, it should be borne in mind that, as with the rental of a home, it is possible to subtract the expenses incurred from the income you receive. Deductible rental expenses include water, electricity, community charges, etc., as long as the landlord is the one who pays for them. If expenses are shared, they cannot be subtracted. Likewise, the amount to be deducted must be proportional to the space rented.