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- - Lease Contract (https://forums.tomisimo.org/showthread.php?t=18269)

Hi,

I'm about to sign a reserve for an apartment (not the actual lease agreement).

Could somebody please translate this or if not just answer these questions for me (preferably both). If it makes any difference this is Spainish from Spain not South America.

Quote:

en este acto deposita la cantidad de 650 en concepto de reserva cuya duración será de 5 dias, para formalizar contrato de alquiler posteriormente. la propiedad deberá aceptar esta oferta en el plazo de 5 días

una vez aceptada por la propiedad, esta reserva formará parte del pago de la primera mensualidad. en caso de no ser aceptada por la propiedad, esta agencia procederá a reintegrar la cantidad aqui depositada, sin penalizacion alguna para las partes. si pasado el plazo para la citada reserva el arrendatario renunciara la firma del contrato, perdería la cantidad entregada y si fuera la propiedad la que incumpliese la firma del contrato arrendamiento, debera abonar al arrendatario el doble de la cantidad entregada como lo expresa el codigo civil.

The way a basic web translator said to me was that if I sign I only have 5 days to sign the official lease agreement? Or does it mean the owner of the property only has 5 days to sign and agree this lease?

My concern is that I want to reserve this asap, then I'm going on holiday so I won't be able to sign the formal lease for another 20 days. Hence my concern over the 5 days thing.

Secondly, the contract says I need to pay 1 month "fianza" & 1 month "depósìto". As far as I am concerned these are the same thing, can anybody shed light?

Much appreciated!

Once you've made the first payment of $650, the owners must accept it within 5 days, but if they don't, you get your money back.

If they accept it, it will be discounted from the first lease payment. Now given that they accepted, if you don't respond, you lose the money; and if they don't sign the contract, they will return twice the amount.

As for "fianza" and "depósito", legal terms might have different meanings from region to region, but I think these would be basically the same things everywhere: a "fianza" is some sort of safeguard in case you will leave the appartment before the end of the contract; the "depósito" would be used in case the house needed reparations because of some misuse you did of it (breaking windows, clogging drainage, graffinting the walls...) :eek:
Both amounts must be returned to you at the end of the leasing period, provided that the conditions in the contract have been fulfilled. :)

This is an "option" contract in civil law. For a period of 5 days the owner is not allowed by law to offer the apartment to others. The deposit serves as a compensation for the owner for the 5 day period during which he/she cannot offer the said apartment.

The 650 or as it is termed in civil law, the " option money" will form part of the rentals once you agreed to rent the apartment.

That will be forfeited if after 5 days should you chose not to take the apartment, this is because as i have said the option money is a compensation for the time ( in this case 5 days) during which the owner is not free to offer the apartment to others.

If the owner will agree to the contract after 5 days , twice the amount you deposited ( the option money) will be returned to you .

oops i mean if the owner shall not agree to the contract, twice the amount you deposited shall be returned to you.

The option contract is distinct from the lease contract. The option contract gives you the right to rent, this right is lost after a period. ( in this instance it is 5 days). The money is forfeited in favor of the owner if you do not exercise the right.