Landlord and tenant

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Dentro del sector inmobiliario, los términos arrendador e inquilino son dos de los más utilizados. En realidad, son términos muy relacionados con el alquiler, ya be un local, una vivienda, una plaza de garaje … pero además muebles, maquinaria, vehículos, etc. Es por ello que es tan importante saber a qué se refiere cada figura, así como la diferencia entre los dos y las obligaciones y derechos que le otorgan a la persona.

But, What is a landlord and a tenant? Cuales son sus diferencias? ¿Puede un arrendador además ser inquilino? Hoy en nuestro Blog te vamos a dar las claves para que comprendas a la perfección estos dos términos, conozcas esos detalles que caracterizan a cada uno y sepas identificarlos.

Who is the landlord

The first figure we are going to focus on is that of the landlord. It can be established as that person (natural or legal) who temporarily cedes the use and enjoyment of a property, piece of furniture, machine, vehicle ... to another person in exchange for the latter providing a payment.

In other words, it is a person who owns real estate (or personal property) who decides to lease it to someone else in exchange for paymentIn other words, of a rental. This can be for a limited time, and the conditions are established in a contract in which the rental period is clarified, the payment requested for that enjoyment, as well as other important characteristics (for example, having a deposit, which arises in the event that the property deteriorates ...).

Who is the tenant

The tenant is a figure closely related to the landlord. And, if the lessor is the one who has the movable or immovable property, the lessee can be defined as the person who rents the landlord's right of enjoyment over that movable or immovable property.

In other words, It is the person, natural or legal, who is going to use the property or furniture for a time in exchange for a payment. what is done to the true owner of that good.

In a practical example, the tenant would be the tenant or the person who occupies a house on a rental basis. For his part, the "lessor", as he is commonly called, would be the lessor, since he is the owner of that house.

Obligations of the lessor and lessee

Both the owner and the tenant have a series of Obligations that both must fulfill so that the relationship that they establish goes well. Specifically, for each figure, the obligations would be:

For the landlord

• You have to deliver the property or furniture in the state in which it has been established in the contract. In reality, many choose to add photos to that contract to check the status.
• You have to take care of the repairs that arise in the property or furniture, in other words, if something deteriorates you have to take care of it. As an example, in a house, if the air conditioning breaks down, and it was in the house at the time of renting it, you have to take care of it. Not if it is something the tenant has entered.
• You must provide essential items (in some cases), such as furniture, appliances, water, electricity, essential services ...

For the tenant

• You must comply with the obligations stipulated in the contract.
• You must keep the movable or immovable property in perfect condition.
• It must not deteriorate, modify, destroy movable or immovable property
• The landlord cannot be prevented from accessing the house, as long as it is to inspect.

Landlord and tenant rights

Regarding rights, both the landlord and the tenant have several. Specifically, depending on the figure to be treated, there will be one or the other:

Lessor

• You have the right to collect the contractually defined amount of money to allow someone else to use your property.
• You have the right to terminate the contract with a notice established in the contract itself. In reality, the contract can be terminated immediately in only one case: when the property must be used as a home for him or for relatives in the first degree of consanguinity or adoption, or a spouse if there is a separation or divorce sentence. or nullity.

Lessee

• You have the right to enjoy the property during the term of the contract.
• You do not have to pay for repairs (unless otherwise specified in the contract).
• You have the right to receive a deposit if you leave the property, as long as it is delivered in the same conditions in which you received it.

Differences between landlord and tenant

Now that you know the landlord and tenant numbers pretty well, you can certainly get a glimpse what are the differences between the two terms. But, to be clear, here we detail them:

Lessor

• He owns real or personal property, but does not enjoy it.
• You receive a periodic financial amount for the transfer of your right of enjoyment.

Lessee

• It is the person who enjoys a good but is not the owner.
• You must pay for the use of that good.

Can a tenant in turn be an owner?

This question has a bit of a mess. Because, can a person rent real or personal property and, in turn, rent it? The solution would be yes; in reality, there are many scenarios in which this happens.

We are talking about subletting, in other words, of a person who rents an asset to another and this, instead of enjoying it, rents in turn its right. It is a practice that is not frowned upon, in the first place because it leaves the landlord in a defenseless situation by not knowing who truly enjoys his property. And second, because a contract is not defined with that person who is truly going to use their good.

A pesar de todo, está permitido. En realidad, si acudimos al Código Civil, en su post 1550 nos dice que “cuando no esté expresamente prohibido el arrendamiento de cosas, el arrendatario podrá subarrendar total o parcialmente la cosa arrendada, sin perjuicio de su responsabilidad ante el cumplimiento del contrato con el arrendador ». Por tanto, podría existir un subarrendamiento, siempre y cuando se cumplan una serie de requerimientos establecidos en los posts posteriores del Código Civil (1551, 1552).