When we sign a rental contract, it is important that we check all the clauses and possible payments that we pay, which are not specifically part of the agreed monthly payment. If in doubt, it is always advisable to receive professional help before signing our signature.
He rental price It is one of the topics that has been generating the most controversy in recent months as a result of its constant increase. It is very important that before signing the contract with our landlord, we check all the clauses that we are accepting, since it is possible that some of them are not legal. And this is precisely what happens with non-payment insurance that many users force their tenants to sign to protect themselves from this type of situation.
However, the Justice has claimed to obligate the payment of This insurance is illegal. And, in fact, if they have paid it, the tenants are in a position to demand its return. This has been stated by the Court of First Instance and Instruction number 7 of Parla, after the lawsuit filed by a tenant defended by the Center for Counseling and Social Studies (CAES).
CAES Consulting and Social Studies Center
@CAES_Coop
BOOOM! 💥
We obtained the first ruling in Madrid that annuls the “Non-payment Insurance” in a #rental contract.
The tenant will not have to continue paying this abusive clause and will recover everything already paid 🤑
@AleJacintoUrang and @JavierRubioTT explain it to you in this video 👇🏽 https://t.co/VNO40vPjBC
October 3, 2024 • 11:55
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A violation of rights
As you understand the Justice, this clause would be violating the rights that the tenant has, since it is the tenant who has to fully assume a insurance premium which exclusively benefits the lessor. Therefore, it would be breaking the balance that the two parties who sign a rental contract should have.
It is the first time that a ruling annuls life insurance in Madrid. non-payment in the contract rental, as the legal representatives of this case have stated through the CAES social networks. This is a measure that will have a great impact on a large number of signed contracts, since, as the lawyers who have carried out the case affirm, there are more and more rental companies that they are requiring tenants to pay this type of insurance in order to sign said contract. A scenario that demonstrates the clear defenselessness of tenants in this type of situation.
A pioneering sentence
The ruling states that it is not legal to transfer the risk of a real estate business to the tenant, such as rental of a home. In addition, it has also ordered the defendant company to return all the amounts that have been paid since the beginning of the contract, the concept of which is the payment of said insurance policy. Furthermore, not only do you have to pay these amounts, but the relevant interest must also be taken into account.
As we have already anticipated, we find a pioneering sentence which opens the door for all tenants who have this type of insurance included in their contract to take legal action to request the return of these amounts with their corresponding interests. In addition, it also serves as a warning so that before signing a new contract, we make sure that all the clauses we are accepting are legal.
