Subject to legal regulation
The bond is regulated in title IV of the Leasing Law that contains the common provisions on leases of habitual residence and others that affect a different use (local, season…).
Article 36 states that at the time of conclusion of the contract the requirement of the provision of cash deposit is mandatory. The amount must be the equivalent of one monthly rent in the case of rental of housing and two when a lease is signed for a different use.
Within a month from the delivery of the keys by the tenant, the landlord must return the amount that results as a balance to the tenant. If you do not do so, the legal interest will accrue.
At the time of conclusion of the contract, it is obligatory to demand a deposit in cash
The problem is the concrete determination of the balance of the bond and whether it is liquid or not, since the most possible is that the non-refoulement is due to the fact that it is intended to impute to it the amount of damages caused. This situation would justify not accruing interest.
Reason to be
The reason for the bond is to guarantee the fulfillment of the obligations contracted by the tenant. This is one of the aspects that has generated most controversy, since if it refers to each and every one of the obligations of the lessee, not only should be charged to the payment of the owed income, but also to other aspects such as the return in good condition of the property, etc.
Knowing significant legal aspects helps to establish your amount and conditions of return
According to the law, there can be two types of bail:
The deposit in cash : it is always obligatory and fixed in the amount of a monthly payment for the leases of housing, and of two monthly payments for those of different use.
The additional bond : is voluntary and its amount is subject to the free disposal of the parties. There are no legal limits.
Regarding the amount of the deposit in cash, the purpose of determining its mandatory amounts is that it is not excessive and makes it difficult for the lessee to meet all its obligations. But, on the other hand, it can be a small amount if it must respond to the non-payment of rent or damage to the leased property.
The fixing of the amount could be inadequate, since each property can have particular characteristics (meters, location, rent, etc.) that would advise an adequacy of the bond to the reality of the specific lease. Therefore, it is possible to agree on another type of additional guarantees.
The update of a finaza is governed by the following rules:
It will not take place during the minimum term of five years.
When the minimum term has elapsed and is in extension, or if the first five years of the initial term have passed, each of the parties may request the increase or decrease of the bond.
The parties can agree on how to carry it out and, in the absence of a pact, the agreed upon will be used to update the rent.
The increase or decrease of the deposit is not the one corresponding to the Consumer Price Index (CPI). Therefore, if the income is increased or decreased due to causes other than the fluctuation of the CPI, this would serve to set the new bond, even if it had an increase higher or lower than the corresponding CPI.rvice.