This article deals with the new regulation of the deposit. I say new because it is more than likely that the proposal will be translated into law, although we will have to see when: the reform of Law 4/2013 has been a failure.
The amount, the update and the refund of the deposit do not change.
- The amount of the deposit (article 36.1) remains the same: 1 month for the lease of housing; 2 months rent for different use of housing. It remains cash – a clear anachronism.
- The update of the bond, paragraphs 2 and 3 of article 36, is also the same. You just have to put five years where it says three. The deposit cannot be updated during the first 5 years of the lease. (By the way: the update of the bond is very unusual when a contract is extended).
- There is still no maximum term to return the deposit. The reform is not used to clarify a deadline that always lends itself to confusion. It continues to penalize the landlord if it takes more than a month to return it: the balance that must be restored will accrue the legal interest of the money after one month from the delivery of the keys if it has not been returned; a ridiculous sum that invites to delay the return.
The amount of the additional guarantee is limited to the deposit
The great novelty is found in the wording of section 5 of article 36. It is allowed to agree with any type of guarantee in addition to the deposit, but the amount is limited in the rent of the habitual residence.
- The sum of the deposit and the additional guarantee may not exceed 2 months’ rent if it is less than € 750 upon signing the lease.
- This sum can not exceed 3 months of rent if the initial amount of this goes from € 750 to € 1,200.
- There will be no limitation on the amount of bail and additional guarantee if the monthly rent is higher than € 1,200.
There is another limit. Article 36.5.d) says that the bond can be updated each time the lease is extended, after 5 years, increasing or decreasing until it becomes equal to the monthly rent in force at the time of the extension. But the landlord can not require additional guarantees to the tenant or the update of those already provided although the monthly payment has exceeded the limits set by the update of the rent of article 18 – which is also reformed.
Of course, it will still be possible to demand a personal or bank guarantee from the tenant. Probably the limitation exposed has this effect: that more guarantees are required from tenants.
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