The Urban Leases Law, known as LAU, came into force in March 2019 and aims to establish the provisions querigen lease contracts.

But what exactly does this law consist of and what regulations does it apply? Below, we will present in detail the rights and obligations of both the tenant and the landlord when renting a property.

10 rights of a tenant when renting an apartment:

1. Negotiate the rental price and the length of the lease: The tenant has the right to negotiate with the landlord the rental price and the length of the lease before signing the lease. Although the minimum legal term of the lease is five years, the tenant may reach a different agreement with the landlord.

2. Stability in the rent: During the term of the lease, the rent can only be updated once a year and in the terms agreed by both parties. It is not mandatory that the update be based on the Consumer Price Index (CPI), but it can be agreed between the tenant and the landlord.

3. Use and enjoyment of the dwelling in good condition: The tenant has the right to receive the dwelling in good condition and to use it in accordance with its usual purpose. The landlord is responsible for maintaining the dwelling in a condition suitable for its use and for making any necessary repairs.

4. Clear information about the terms of the lease: The tenant has the right to receive clear and complete information about the conditions of the rental, including the price, the duration of the lease, additional expenses and any special clauses that may exist.

5. No unilateral changes in the conditions of the contract: The rental contract cannot be modified unilaterally by either party. Any change in the conditions must be agreed upon by both parties and reflected in a complementary contract.

6. Recover the security deposit at the end of the lease: Once the lease is terminated, the tenant is entitled to a refund of the security deposit deposited at the beginning of the lease, provided that there are no outstanding debts or damages to the property.

7. Privacy in the use of the dwelling: The tenant has the right to privacy and not to have his or her use of the dwelling interfered with without his or her consent. The landlord must respect the tenant's privacy and not make entries without prior notice or legal justification.

8. Dispute Resolution: Should any dispute or disagreement arise between the tenant and the landlord, the tenant has the right to resort to established legal mechanisms to resolve the dispute in a fair and equitable manner.

9. Safe and Sanitary Housing: The tenant has the right to live in safe and sanitary housing. The landlord is responsible for ensuring that the dwelling complies with the requirements of habitability and safety established by law.

Access to services and common areas: The tenant has the right to make use of the services and common areas included in the lease, such as elevators, recreation areas or parking, as long as they are used in an appropriate manner and respecting the established rules".

7 obligations of a tenant when renting an apartment:

1. Timely payment of rent: The tenant is obligated to make timely payment of the monthly rent on the date agreed upon in the lease. It is important to comply with this obligation in order to maintain a harmonious relationship with the landlord.

2. Maintenance and care of the apartment: The tenant must care for and maintain the apartment in good condition during the rental period. This involves making minor repairs and ensuring regular cleaning. However, structural repairs and repairs arising from normal wear and tear are usually the responsibility of the landlord.

3. Compliance with coexistence rules: The tenant has the obligation to respect the coexistence rules established in the building or community of owners. This includes maintaining appropriate behavior, respecting the hours of rest and not disturbing the tranquility of the neighbors.

4. Communicate and allow access for repairs: If problems or breakdowns occur in the dwelling, the tenant must communicate this to the landlord in a timely manner. In addition, the tenant is obligated to allow access to the apartment so that the necessary repairs can be made.

5. No unauthorized modifications: The tenant may not make structural modifications or significant changes to the dwelling without obtaining prior authorization from the landlord. This includes painting the walls, building work or any other modification that alters the structure or original condition of the apartment.

6. Proper use of the facilities: The tenant must make proper use of the housing facilities, such as heating systems, electricity, water, gas, among others. Waste should be avoided and act responsibly to prevent unnecessary damage.

7. Give advance notice of lease termination: If the tenant decides not to renew the lease, the tenant must give the landlord advance notice as stipulated in the lease. Generally, this is done at least 30 days in advance. This obligation allows the landlord to find a new tenant or make arrangements for the end of the lease.

Landlord's rights and obligations when renting an apartment

5 rights of the owner of a rental property:

1. Right to Receive Prompt Payment of Rent: The landlord has the right to receive timely payment of monthly rent from the tenant in accordance with the terms of the lease. This right ensures that the landlord can obtain the expected income from the property.

2. Right to set the terms of the rental agreement: The landlord has the right to set the terms of the rental agreement, such as duration, rental price, special clauses and any other relevant conditions. This allows the landlord to set the terms he deems appropriate for the rental of his dwelling.

3. Right to conduct periodic reviews of the dwelling: The landlord has the right to conduct periodic reviews of the dwelling to check its condition and detect possible problems or maintenance needs. These reviews are usually agreed upon in advance with the tenant and are done in a respectful and non-invasive manner.

4. Right to compensation for tenant-caused damage: If tenant-caused damage to the dwelling occurs during the rental period, the landlord has the right to compensation for repair or replacement costs. This includes intentional or negligent damage that exceeds normal wear and tear.

5. Right to resolve conflicts or contractual breaches: In the event of conflicts or breaches by the tenant, the landlord has the right to resort to the established legal mechanisms to resolve the situation. This may include judicial termination of the rental agreement, eviction in case of non-payment or claiming damages for breach of contract.

5 obligations of the landlord (owner) of a rented apartment:

1. Maintenance and Repairs: The landlord is obligated to maintain the dwelling in proper condition and to make any necessary repairs to ensure its habitability. This includes maintenance of facilities, such as heating, plumbing, and electrical systems, as well as any necessary structural repairs.

2. Provision of utilities: The landlord is obliged to ensure the provision of utilities such as drinking water, electricity and gas, unless otherwise agreed in the rental agreement. The landlord must ensure that these utilities are operational and available to the tenant during the rental period.

3. Respect the tenant's privacy: The landlord has the obligation to respect the tenant's privacy and not make entries into the dwelling without prior consent, except in emergency situations or when there is a valid legal reason to do so. The tenant has the right to enjoy his or her home with privacy and peace of mind.

4. Comply with legal and safety standards: The landlord has the obligation to comply with all legal and safety standards applicable to the rental housing. This includes ensuring compliance with requirements for habitability, fire safety, accessibility, among others, according to local laws and regulations.

5. Protecting the tenant's security deposit: If a security deposit has been established as a guarantee in the lease, the landlord is obliged to protect it and deposit it in a bank account or authorized entity according to the applicable laws and regulations. In addition, at the end of the lease, the landlord must return the security deposit to the tenant, deducting only justified expenses or outstanding debts.

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