How to rent a property safely?

Usually, renting a property can bring with it certain risks. It is normal that we generate fear or insecurity to give our house to a stranger, and there is no mechanism that can ensure the future. However, there are certain regulations that, in some way, we can provide the legal certainty in the various acts that may happen during the lease.

The agreement between both parties that results in a contract of lease may be formed by different documents such as the following:

The private contract:

It is the most used and the most risky. It consists in writing a document simple and easy which is signed by both parties at the time you deliver the property, without the intervention of a public official.

Legally, this contract is valid and has the same consequences as a contract for deed, except that it gives them less guarantees to the parties to defend your right as a landlord or tenant.

The contract with signatures notarized:

This is the second contract is most commonly used for this process. Even though it is different to the contract that is drawn up in the presence of the notary, the highlight of this contract is that, to legalize the signatures, there is a proof that there is a date certain in the agreement made. In other words, for any breach, the parties may not allege that the contract was made in earlier time or later in order to evade obligations.

Similarly, if the contract is well written and contains the provisions with new provisions on termination and eviction, then there would be no greater issue than that of them by the way agreed.

The contract by public deed:

As in the case of a sale of a property, the lease contract can also be initiated by a minute, rising to a public deed and apply for its registration in SUNARP.

In this way, gives us greater assurance to any lack of the parties and may be enforced against if the landlord loses the property of the estate. This means that, in the event that the landlord of its right to a third party or the property has a lien and cash, the lease will still be in the same conditions by the agreed deadline.

However, when a contract is costly, it is recommended to do so in leases long as 5 to 10 years, or buildings that could lead to greater risk.

The contract by the act of settlement:

To begin with, the settlement is a mechanism that seeks to stop a conflict. Although it is true that the completion of a lease does not include by yourself the pre-existence of one, as it is widely used in practice.

According to the Law 26872, says that it is a matter of reconciling the claims of certain handle on rights of the parties. In this way, the conciliators are authorized to make contracts of lease and hold them in acts of conciliation.

Although there can be a lot of controversy about it, this practice that is foreign to the purpose of the law has come to be quite effective due to an act of conciliation is an executive title, and can be performed in a process of execution, which is more dynamic than the ordinary.

The form:

This new mode has been implemented by the Legislative Decree 1177, which is in force since November 2015, which establishes the regime for the promotion of rental housing.

The objective of this law is to give them the ease and certainty leases for living, because these are the major drawbacks that are present. To do this, you create the following forms:

By using these forms you signed the lease contracts that, in the event of any breach, have the merit of execution as long as you are signed before a notary enabled or, failing that, a justice of the peace lawyer. Subscribe in the Administrative Registry of Rental Housing (RAV) and has the right registrable in the Register of the estates of the SUNARP.