It is not necessary for the rental contract to reflect the IBI or the garbage rate to pass it on to the tenant
The Rental Negotiating Agency (ANA) recalled this Tuesday that, according to a ruling by the Supreme Court known this week, it is not necessary to detail in the contract the annual amount of the Real Estate Tax (IBI)the garbage rate or the carriage fee to pass them on to the tenant.
The Supreme Court bases its decision on the fact that these taxes – unlike other common expenses – are individualized expenses, since the City Councils issue them specifically for each home. “As there is an individual amount determined by the administration, the contract no longer needs to reflect its amount so that it can be attributed to the lesseeas long as there is a written repercussion agreement,” explained the Negotiating Agency.
From the ANA they celebrated this change because “introduces greater legal certainty and simplifies the drafting of contracts” but they also warned that “it represents a relevant modification with respect to traditional practice.”
Finally, the Negotiating Agency indicated that, from now on, it will be enough for the contract to include andl express repercussion agreement so that the lessor can demand payment of individualized taxes, even if their exact amount is not stated.
