When tenants leave the property, it can be difficult for the landlord to repossess it without a problem.

In situations where the tenant acts inappropriately, the landlord will never be able to prove non-compliance without written evidence.

If there is a non-payment of rent or the tenant decides to pay less than agreed, it is also difficult to prove that the property is rented.

The lack of a legal contract can make it difficult to obtain assistance or benefits, since it is not possible to justify the fact of living in a rental.

Regarding the payment and reimbursement of the security deposit, both parties may face problems if the landlord claims to have returned it and it is not true, or if the tenant denies the existence of pre-existing damages at the beginning of their stay without having a contract that includes an inventory and detailed description, as well as graphic information of the condition of the property at the time of delivery.

What to do in case of rental without a contract

When there is no written contract, it is important to take certain additional measures. For example, the deposit must be deposited in a bank and the income must be declared in the income tax return, in order to avoid possible fines that can range from 50% to 150% of the amount owed.

In addition, it is advisable to keep all receipts and invoices related to the rental. It is also useful to keep previous messages or communications between both parties as evidence. In case you do not have a formal contract, it is advisable to draft one to clearly establish the terms and conditions of the lease, providing greater protection and clarity to both the landlord and the tenant.

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