A room lease is a legal agreement whereby one person, called the landlord, agrees to allow another person, called the tenant, to use a room in their property in exchange for a fee. This type of agreement is common in situations where the owner wishes to share his or her property, has extra rooms that he or she does not use, or rents out the whole property divided into rentable rooms.
From a legal point of view, the room lease contract is governed by the rules applicable to non-residential leases, where the will of the parties prevails, in addition to the Civil Code and the Urban Leasing Act, and there are some specific features that distinguish it from other types of leases.
For example, in this type of lease, the landlord retains control of the common areas of the apartment, such as the kitchen or bathroom, and only assigns the use of the room to the tenant, who has the right to use the common areas together with the other tenants.
Characteristics of the Co-living contract
1.- Temporary nature
These coliving contracts are characterised by the fact that they are for a shorter period than a traditional rental contract, for example six months or a year, they are usually seasonal contracts, but with a longer period than the tourist contract. This gives flexibility to both the landlord and the tenant, who can adjust the terms of the contract more frequently.
2.- Community of owners
It is always important to check the statutes and regulations of the community of owners where the accommodation is located, because if these statutes prohibit this activity, it cannot be carried out. In this case, it will be necessary to seek the consent of the community in assembly.
3.- Maintenance of the property
The tenant must maintain the property in optimal conditions of habitability and it is advisable that the contract specifies the tenant’s obligations with regard to cleanliness, damage and improper use of the room as well as the common areas.
4.- Supplies
The rental contract must also state what expenses are included in the rent, what expenses are not, and how and when they are to be paid (services such as water, light or internet).
It is important that the contract clearly and precisely sets out all the conditions agreed between the parties in order to avoid any misunderstandings or conflicts in the future.
5.- Assignment of the contract and subletting
According to the provisions of article 32 of the Urban Tenancy Act:
- If a commercial or professional activity is carried out on the leased property, the lessee may sublet the property or assign the lease without the lessor’s consent.
- The lessor is entitled to a rent increase of 10% of the current rent in the case of partial subletting, and 20% in the case of assignment of the lease or complete subletting of the subject of the lease.
Termination of the Co-living agreement
The rental agreement for rooms or coliving can be terminated, article 27 of the Urban Tenancy Act:
- By what is stipulated in the room or coliving lease agreement.
- Failure to pay the rent or, as the case may be, any of the amounts whose payment has been assumed or corresponds to the tenant.
- Failure to pay the amount of the deposit or its renewal.
- Malicious damage caused to the property or works not approved by the landlord, when the latter’s approval is required.
- If annoying, unhealthy, harmful, noxious, dangerous or illegal activities take place in the property.
Room rental is a viable option for both owners who wish to generate additional income by renting out rooms in their home, and for individuals seeking a temporary or economical housing solution. However, it is essential that both parties are aware of their rights and obligations and that the contract is clear and complete to ensure a harmonious and respectful relationship.
In conclusion
the Co-living contract is a legal instrument that makes it possible to regulate the allocation of a room in a dwelling in exchange for economic consideration for a specific period of time. As a flexible contract that can be adapted to the needs of both parties, it can be an attractive option for landlords and tenants looking for a temporary or shared accommodation solution.
