The housing rental deposit is a mandatory factor when renting a property and is regulated in article 36 of the Urban Leasing Law.
If you are interested in renting a property and want to know precisely what this guarantee consists of, which you must deposit once you sign the rental contract for the home, in this article you will have the opportunity to know what the tenant guarantee is and how it works in the Community of Madrid , in addition to many other issues of wide interest.
What is a home rental bond?
To begin, we must know the concept of the home rental bond. This corresponds to the guarantee that the lessee must deliver to the lessor and that has the objective of guaranteeing compliance with the conditions established and signed by both parties in the rental contract .
The deposit of the rental bond for homes and other urban properties is mandatory and free by the lessor.
Once the lease is terminated, the landlord is obliged to return the deposit to the tenant within one month of its termination .
How does the housing lease bond work in the Community of Madrid?
According to article 36 of the Urban Leasing Law (LAU) cited above, "Upon the conclusion of the contract, the requirement and provision of a cash deposit will be mandatory in an amount equivalent to one month's rent in the rental of housing and two in lease for use other than housing.
With regard to the regulation of the rental bond in the Community of Madrid , the deposit of this guarantee must be made by the landlords in the Social Housing Agency . In the case of a habitual residence contract , the legal bond will correspond to one month's rent . On the contrary, the legal guarantee to be deposited for contracts for use other than housing, that is, when it comes to premises, offices, etc. It will be two monthly rent.
Next, we will focus on detailing all the information corresponding to the General Regime of bonds in housing rental contracts , which is broken down into several sections that will help you to know in depth the step by step and the fundamental conditions so that you do not Doubts or problems arise when depositing the rental deposit for your home in the Community of Madrid :
Deposit
The deposit of the housing lease bond will be mandatory for the lessor, as we have been expressing up to now.
To proceed with your deposit, you can choose to do it electronically, which will allow you to avoid travel, queues and waiting, in addition to not having the obligation to provide any documentation. The procedure to follow will be divided into three steps:
self-assessment
In this first step you must fill in all the information requested by the platform through an online form.
Bail income
Next, once the self-assessment section has been completed, you must deposit the deposit by accessing the payment gateway of the application. The deposit must be made through your credit card or your bank account.
Presentation
Once you have made the payment of the deposit, you will be able to see a message that indicates "Presentation of the deposit with receipt number 99999 made correctly". Then, you can download the receipt and receipt at that precise moment and/or receive it by email. Remember that you should not present the receipt in any registry.
Compensation or update
If the lessor makes successive contracts, you can opt for the compensation of a deposit when depositing the corresponding amount.
In addition, with regard to the update of bonds , it could happen that the amount of the rent of a lease in force increases or decreases. In this case, if 3 years have already elapsed or provided that both parties agree, an update of the deposit must be made.
Return
Once the contract has been finalized, the deposit will be returned . The tenant will be in charge of requesting and demanding the request for the return of the housing rental deposit. This will have a period of five years to demand the deposit from the termination of the contract.
When is it necessary to pay the deposit for a rental in the Community of Madrid?
The payment of the rental deposit by the tenant to the lessor of the dwelling will serve as a guarantee for the latter in the event of non- compliance or damage related to the rented property.
The landlord may make use of the deposit paid by the tenant in the event of non-payment of rent or other supply receipts by the tenant or repairs must be carried out on deterioration or damage produced in the property.
However, when will the tenant or tenant of the dwelling have to pay the rental bond to the landlord? Well, the answer is simple: at the time of signing the contract.
Once the contract ends, if the property is in perfect condition, the landlord must return the total amount of the deposit initially delivered to the tenant. However, if it is necessary to repair any damage to the home, the landlord will have the possibility of keeping all or just part of the deposit to pay for the repair.
Who and where should deposit the housing lease deposit in Madrid?
Once the rental contract for the home has been concluded , the obligation to deposit the renter's deposit is automatically created.
The lessor of the property will be the only one obliged and responsible for making the deposit of the deposit. The latter must pay it at the Social Housing Agency corresponding to the Community of Madrid.
And you will ask yourself, what happens in case of not proceeding with the deposit of the housing rental bond?
Well, Decree 181/1996, of December 5, is in charge of regulating the Lease Bond Deposit Regime in the Community of Madrid.
In the event that the landlord does not deposit the deposit corresponding to the rental of the house, the tenant may sue him civilly demanding compensation for the damages caused by the breach of his contractual obligations. This action could trigger an administrative liability or fine for the landlord.
And finally, how can we know if the tenant deposit has really been deposited correctly? The tenant or tenant of the house will have the right to request a certificate from the Community of Madrid that certifies the deposit of the housing rental deposit. In this way, they will be able to know if the lessor (the person responsible and obliged to make said deposit) has entered the corresponding and agreed amount of the rental deposit.