The Court of First Instance and Instruction number 7 of Parla declared for the first time in Madrid in a pioneering illegal sentence the non-payment insurance on rental tax to tenants to guarantee payments in the event of late payment.
This is stated in a resolution to which he had access Europe Press, in which a demand is partially estimated filed by a tenantdefended by the Center for Consulting and Social Studies CAES, against the closure of the contract linked to this issue.
Thus, the nullity of the seventeenth clause of the lease contract signed between the parties on March 2, 2015 and relating to the “non-payment insurance to respond to payment income and other liabilities arising from this contract.
The judgment condemns the defendant, Nestar Residential Real Estate Investment Company SA, to pay the complainant 917 euros, with the corresponding legal interest from the moment the payments were made.
Violates rights
The judge considers that this clause violates the rights recognized by law because it “makes the tenant assume an expense to pay the insurance premium”. hired by owner and that the risk benefits exclusively the lessor, thus violating the fair balance and proportionality between the rights and duties of the parties to a contractual relationship.
“Moreover, there is no trace in the file of the terms of the insurance contract linked to the rental contract, the fees of which are the responsibility of the lessee. This clause must be declared null and void as unfair.” judgement.
The lawyers Alejandra Jacinto and Javier Rubio details on the CAES social networks that “currently, more and more rental companies are imposing on tenants a type of insurance in their favor for which they must pay an annual or monthly amount to cover a policy in favor of the owner in the event of non-payment. payment”.
“This type of abuse is becoming more and more common. Vulture funds like Néstor, Fidere or other real estate companies place, they impose this non-payment insurance in the contracts”, they underline.
“The judgment annuls this clause and declares illegal the transfer to the tenant of the real estate commercial risk. This decision is pioneering and opens the door to thousands of tenants to assert their rights,” underlines the lawyer.
