Sede de PEMSA PEMSA Contacto


 

 

 

Infovivienda Solidaria Agency


  1. What is INFOVIVIENDA SOLIDARIA
  2. Renting a dwelling
  3. Letting a dwelling
  4. A guide to renting
  5. ELAIA project

1. What is Infovivienda Soldaria

The City Council of Moncada is a member of the Infovivienda Soldaria Valencian Network, promoted by the General Department for Housing and Town Planning of the Regional Ministry of Land and Housing; its main objective is to inform, advise and provide housing-related social intermediation, stimulating support renting as an option.

The services provided are:

  1. Customized information on the measures supporting the purchase of renting of a dwelling.

  2. Free advice on the legal, administrative and economic aspects of housing-related operations.

  3. Intermediation in renting a dwelling, creation of a housing service for those interested in letting and renting a dwelling, shared by the entire Network extended across the Valencian Community.

  4. Dealing with arbitration guarantees and guarantee and all-risk insurance policies.

  5. Information on town planning developments in Moncada.


This new service is located within PEMSA headquarters (Plaza Maestro Palau n° 17), with opening hours from Monday to Friday, from 08.00 to 15.00 hrs and on Wednesdays, from 16.30 to 19.00 hrs; the network has its own web page with access to all the services listed above, at the following address:

http://www.redvalencianadeinfoviviendasolidaria.com.

This measure is expected to support the compliance with a constitutional right, namely the access to a decent dwelling, by bringing these services closer to the people of Moncada.

If you know any dwelling which can be registered with the Renting Service, and the owners are interested in receiving aids for its rehabilitation and registration with the Network, do not hesitate to contact us.


2. Renting a dwelling

INTERESTED IN RENTING A DWELLING?

Nothing more easy. All you have to do is fill in an APPLICATION FORM at our offices or on the web page of the Infovivienda Network. As of the moment of registration, you shall be registered with our service as a potential tenant.

As soon as a dwelling satisfying the requirements you have entered in the form is registered with our Housing Service, the person in charge shall immediately contact you.

If you are interested to see the dwelling, an appointment shall be arranged with the owner, and if the dwelling is to your liking and both parties agree, the renting agreement shall be executed, accompanied by any and all lawful formalities.

WHAT DO WE OFFER?

  1. Free management of the service from the moment of your registration with our service until the termination of the tenancy agreement.

  2. Customized treatment, case by case analysis.

  3. Access to a decent dwelling under decent conditions, below market prices.

  4. Rent adjusted to your income and needs.

  5. Full and free legal advice on housing matters, throughout the entire period of your registration with our service.

  6. Possibility to benefit from a partly subsidized rent.

WHAT REQUIREMENTS YOU HAVE TO SATISFY?

  1. Be over 18 or at least 16 and legally of age (which you shall have to prove on the moment of signature of the agreement).

  2. Not to be legally incapable to sign contracts.

WHAT AIDS YOU MAY RECEIVE?

  1. Maximum amount to receive:
    - 40% of the Annual Rent.
    - Up to maximum EUR 2.880 a year.

  2. Duration:
    - Maximum 2 years if you continue to meet the requirements.
    - You cannot receive other type of aid in respect of the same item while you receive a certain aid.
    - You can apply again for the aid after 5 years.

  3. Rent to be paid:
    - Between 2% and 9%, from the maximum rental price for VPNC (protected dwellings of recent construction).


3. Letting a dwelling

WHAT YOU HAVE TO DO TO SUBMIT YOUR HOUSING OFFER TO OUR OFFICES?

Simply ask for a DWELLING REGISTRATION FORM at our office or fill in this form on the web page of the Network; this will enable you to benefit from the facilities of the INFOVIVIENDA SOLIDARIA Programme.

WHAT DO WE OFFER?

FREE:

  1. Valuation and inventory of your dwelling.

  2. Free handling of the letting process:
    - Advertisement of the letting offer through diffusion media.
    - Visit to the dwelling.
    - Preparation of the lease agreement and of the inventory.
    - Supervision of the signature of the same.
    - Follow-up of the agreement.

SECURITY:

Guarantee insurance:

  1. This is a rent payment guarantee.

  2. Shall be paid to the owners, as a guarantee of payment of the rent by the tenants throughout the entire duration of the lease agreement.

Comprehensive Household Insurance to cover possible damages caused to the dwelling as a consequence of its letting. Eviction procedure, if need be.

CONSULTANCY:

Application for subsidies for the improvement of the dwelling, the owner having thus the possibility to increase the value of its real property.

Free and comprehensive legal services in housing-related matters throughout the entire period of your registration with our Service.

RELIABILITY:

Both the owner and the dwelling shall benefit from the services of qualified professionals, with the guarantee offered by the fact of pertaining to a network integrated into the sphere of influence of the Regional Ministry of Land and Housing.

TAXATION:
You are entitled to a reduction of 50% from the net earned income.


WHAT REQUIREMENTS YOU HAVE TO SATISFY?

  1. Be legally of age.

  2. Be owner of the dwelling(s) you want to let. If there are several owners, all shall have to be identified in the application, with their respective capacity. Moreover, every owner shall have to give its consent on the moment of signature of the lease agreement.

  3. Dwelling free of charges, municipal taxes and dues, service charges and dwelling maintenance costs.

  4. Sworn statement on the dwelling and its registration with our housing service.

  5. Certificate of fitness for habitation.

  6. Upon the signature of the agreement, original documents shall be provided to prove the requirements above are met.

  7. Dwelling with a useful area not exceeding 120 sq.m.

  8. Willingness to let the dwelling for a period of 5 years.


WHAT AIDS YOU MAY RECEIVE?

Maximum amount to be subsidized: EUR 6.000 €

This amount may be used to cover:

  1. Rehabilitation costs, prior to the leasing of the dwelling.

  2. Insurance costs: all-risks and guarantee.

Justification: The amounts of the expenses shall have to be justified with invoices.
Maximum rent to be charged: 5,5 % of the maximum price of VPNC (Protected Dwellings of Recent Construction).


4. A guide to renting.

What is a lease agreement?

The lease agreement for a dwelling is an agreement executed by and between the owner of a dwelling (landlord), which cedes to another person (tenant) the right to use the dwelling as a permanent place of residence for a determined period of time and in exchange for an amount of money, called rent.

The same concept applies to movable assets, parking space, lumber room and any other room, space or service accessory to the leased dwelling.

Dwelling lease agreements for their current and permanent use are governed by the Law of Urban Leasing No. 29/1994 and within our Community, by the Housing Act No. 8/2004 of the Valencian Community.

What should a lease agreement contain?

It is essential that the lease agreement contain the following data:

  1. Date of execution of the agreement.

  2. Identity of the parties: landlord and tenant.

  3. Data on the dwelling to let: full address, locality, area, etc...

  4. Duration agreed for the lease.

  5. Initial rent of the agreement.

  6. Establishment of the guarantee.

  7. Signature of the contracting parties.

  8. Besides, the agreement may contain provisions regarding the payment of services, notification deadlines, termination conditions, etc.. which shall be further detailed in the guide.

How is a lease agreement executed?

Although it is not compulsory, the most appropriate way is to execute the lease agreement IN WRITING, to be used as a written evidence and have a guarantee of execution of what was agreed, thus avoiding later disputes.

You may purchase a basic sample lease agreement from the tobacconist’s; it is a form printed on fiscal paper containing the basic data required to execute a lease agreement, but not particular provisions the parties may want to agree; on the other hand, it has the advantage that upon purchasing this form you pay the Tax on Patrimonial Transfer and Documented Legal Documents.

The agreement may also be prepared by the parties or a professional, in which case the above mentioned tax shall have to be paid at the tax office of the Regional Ministry of Economy, Treasury and Labour.

Lease agreements may be registered with the Land registry to serve as documentary evidence.

Duration of an agreement

The law stipulates that the initial duration of a lease agreement may be freely agreed on by the parties.

In the case of lease agreements having as object a dwelling used as a regular place of residence for which the parties have agreed upon a duration of less than five years, the tenant shall be entitled to extend the agreement for periods of one year until the accumulation of a duration of five years, he may also choose not to extend the agreement, in which case he shall notify the landlord at least one month in advance, unless a longer deadline for the notification has been agreed on by the parties hereunder.

There are exceptions to this extension, the most important being the situation in which the landlord needs to occupy the dwelling before the expiry of the five-year period, to use it personally as a habitual and permanent place of residence, but it is important that this situation be expressly stated in the agreement. Should this be the case, the landlord has to occupy the dwelling within three months from the termination of the agreement.

The agreements in which an indefinite duration is stipulated or in which no duration has been established shall be considered one-year agreements with annual extensions up to a period of five years.

When five years have passed since the date of execution of the agreement and none of the parties has notified to the other party, one month before the termination, its intention of not renewing the agreement, it shall continue to be extended each year up to a period of maximum three years, during which the tenant is the only one entitled to decide not to extend the agreement, notifying in writing his intention one month before the completion of the annual extension.

In the case of agreements providing for a duration of more than five years, the tenant may decide to terminate the agreement, on condition that he has occupied the dwelling for five years, and subject to notifying the other party of its intention to terminate the agreement, two months in advance.

What is the deposit?

The Law of Urban Leasing makes obligatory the establishment of a deposit, the amount of which shall be equal to the rent for one month. The landlord may request a higher deposit.

The deposit shall be paid to and kept by the competent Official Authority until the termination of the agreement, and in compliance with Article 27.2 of the Housing Act No. 8/20th October 2004 of the Generalitat Valenciana, it must be registered with the Urban Lease Deposits Registry of the Generalitat.

  1. The landlord shall have to deposit the amount charged as a security into any of the accounts or with the financial entities indicated by the Regional Ministry of Economy and Treasury, within maximum 15 working days following the execution of the agreement, or the actual beginning of the lease, if prior to the date of signature of the agreement.
    If the property object of the agreement is located in a municipal area where there is no branch of any entity collaborating with the Generalitat Valenciana in the management of deposits, the deadline stipulated under the above paragraph shall be of 30 working days.

  2. The deposit made shall be kept by the Generalitat Valenciana until the termination of the agreement, as a deposit bearing no interest.

  3. The deposit slip issued by the collaborating entity where the deposit was paid shall be sufficient to provide evidence of payment of the deposit.
    This procedure is regulated by the Decree No. 333/3rd November 1995 of the Valencian Government, regulating the regime of deposits for the lease of urban property and the provision of services or complementary supplies in the Valencian Community (DOGV n° 2622 of 09/11/95).

The deposit shall remain the same during the first five years of the agreement; when the agreement is extended, the deposit may be adapted depending on the evolution of the rent.

In some particular cases, besides the deposit, the parties may agree on other types of securities, such as a bank or personal guarantee, etc...

Upon termination of the lease agreement and following the handing over of the keys of the dwelling, the entire amount of the deposit shall be returned to the tenant, or in case the tenant has any debt towards the landlord, the balance of the deposit after deduction of the debt.

What is the rent?

The rent is the price paid by the tenant to the landlord in exchange for the right to use and enjoy the dwelling.

The rent may be freely agreed upon by the parties, except for public protection dwellings for which there are maximum limits for the rent, stipulated in the specific regulations.

The payment of the rent shall be made in the place and mode agreed between the parties; in the absence of express provisions in this respect, the rent shall be paid in cash, during the first seven days of each month at the leased dwelling. Notwithstanding the form of payment, according to the Law of Urban Leasing, the landlord shall have to give a receipt confirming the following:

  1. Fulfilment of the payment obligation.

  2. Breakdown of the amounts charged (rent, service charges, tax on immovable assets, services, etc...).

  3. Corresponding monthly amount.

The receipt may also contain:

  1. Data on the landlord and tenant.

  2. Identification of the dwelling.

  3. Date and signature of the landlord.

The landlord may not demand the payment in advance of more than one monthly rent.

Can the rent be brought up to date? When?

During the first five years of the lease agreement, the rent may be yearly brought up to date depending on the variation in the percentage of the general Consumer Price Index corresponding to the twelve months before the moment of updating.

Starting with the sixth year, the rent shall be increased as the parties may decide; in the absence of an express agreement, the same system shall apply.

The tenant shall have to pay an updated rent as of the month following the receipt of the written notification from the part of the landlord. The notification carried out by means of a note in the receipt for the month prior to the updating shall be deemed valid.

How may the rent be increased?

When five years have passed from the date of initial signature of the lease agreement, the landlord who has brought improvements to the leased dwelling, shall be entitled to raise the rent, under certain terms and conditions, unless otherwise expressly agreed by the parties, within the limit of 20% of the rent initially agreed on.

The rent shall be increased in the month following the month in the course of which the works are completed. To this end, the landlord shall have to notify to the tenant the amount of the increase and the calculations leading to this amount, enclosing to the notification a copy of the documents indicating the cost of the works.

What other expenses does the rent generate?

GENERAL EXPENSES: the parties may agree that the general costs for the maintenance and upkeep of the dwelling be paid by the tenant. Such expenses usually cover: services, taxes and dues, charges and liabilities. For such an agreement to be valid it shall have to be made in writing and the annual amount of such expenses be determined on the date of signature of the lease agreement.

SERVICE CHARGES: usually are expenses generated by the use of the dwelling, such as: water, electricity, gas, etc., and usually have individual meters; service charges are payable by the tenant, unless otherwise agreed by the parties.

Both the payment of the general expenses and of service charges shall have to be acknowledged by the landlord by means of a receipt stating the amount and the corresponding items.

Termination of the lease agreement. Modalities

The most common situation when a lease contract is terminated is the expiry of the duration established in the initial agreement or of the extended duration, if applicable. The agreement may also terminated by one of the following modalities; WITHDRAWAL, SUSPENSION AND ANNULMENT.

What does withdrawal from an agreement mean?

In the case of agreements for which the parties have agreed on a duration exceeding five years, the tenant shall be entitled to withdraw from the contract provided he has occupied the dwelling for at least five years, notifying his decision to the landlord reasonably in advance.

In the case of agreements executed for a duration of less than five years, the Law of Urban Leasing does not stipulate anything in this respect; however, the Civil Code stipulates that in case of breach of contract, the landlord shall be entitled to urge the tenant to fulfil his obligations or decide to terminate the agreement claiming compensation. To this end, the amount of the compensation should be agreed on by the parties and expressly stipulated in the agreement.

In case the tenant expresses his intention to withdraw from or terminate the agreement or abandons the dwelling without prior notice, the rest of the members of the family unit living in the dwelling up to that moment shall have the right to continue the lease agreement, notifying the landlord in this respect.

If there are repair works under way, making the dwelling uninhabitable, the tenant may choose to withdraw from the agreement or ask for a reduction of the rent.

What is the suspension of an agreement?

The suspension involves the discontinuation of the duration of the agreement and of the obligation to pay the rent; the following situations are sufficient grounds for suspension: repair works and works of any kind ordered by the competent authority (Safety and stability of the dwelling), which make the dwelling uninhabitable.
The suspension shall extend over the entire duration of the works until their completion, after which the contractual relation shall be resumed.

What is the annulment of an agreement?

In case any of the parties fails to fulfil its obligations under the agreement, the other party shall be entitled to demand either the fulfilment of the contractual obligations or the annulment of the agreement.

The main causes for annulment on the part of the tenant are:

  1. The situation in which the landlord refuses to make the necessary repairs to preserve the dwelling in decent habitability conditions.

  2. The situation when the landlord actually disturbs the peaceful use of the dwelling.

The main causes entitling the landlord to annul the agreement are:

  1. Non-payment of rent or any other amount due by the tenant;

  2. Non-payment of the guarantee or its updated value.

  3. Subleasing or transfer without the prior approval of the landlord;

  4. Execution by the tenant of Works without the prior authorization of the landlord, except for the Works described under the Works sections;

  5. Unfolding of dangerous, harmful or insalubrious activities in the dwelling;

  6. Failure to actually use the dwelling as a habitual and permanent place of residence, as agreed under the contract.

  7. Cases in which the right of the landlord takes precedence over the right of the tenant, such is the case when as provided for under the agreement, the landlord needs to use the dwelling as a habitual and permanent place of residence, etc…

  8. Other causes provided for under the Housing Act No. 8/20th October 2004 of the Generalitat Valenciana

What happens in case of Separation or Divorce?

In case of separation, divorce and annulment of marriage of the tenant, the spouse (or common-law partner) which is not holder of the agreement may continue to use the leased dwelling if the court order so indicates; this situation is called subrogation.

The subrogation is a legal situation in which a person acquires the rights and obligations of another person.

In case of lease of a dwelling, the following requirements have to be met for its subrogation:

  1. The spouse or common-law partner of the tenant shall have to notify to the landlord, within two months from the pronouncement of the court order, its intention of continuing the lease agreement.

  2. The notification on the court decision shall have to be accompanied by a copy of the respective court decision or of the section referring to the dwelling.


What happens in case of death of the tenant?

In case of death of the titleholder of the lease agreement, the following persons are entitled to be subrogated to his rights, in the following order:

  1. Spouse living with the tenant until the moment of death or common-law partner with common issue, or in the absence of children, cohabitation of at least two years before the death of the tenant.

  2. Descendants who were in the custody or guardianship of the tenant or who have lived with the tenant for a period of at least two years before his death.

  3. Ascendants, under the same circumstances.

  4. Siblings, under the same circumstances.

  5. Other kin (uncles, nephews, etc), with a disability of at least 75%, provided they have lived with the tenant for a period of at least two years before his death.

  6. The following requirements have to be met for the subrogation:

  7. Notify within maximum three months from the date of death of the tenant this event as well as the intention to opt for the subrogation, indicating the identity of the person subrogated in the rights of the deceased tenant.

    Such notification shall have to be accompanied by:

  8. Certificate of death.

  9. Identity of the subrogated person.

  10. Relationship to the deceased tenant.

  11. Proof of compliance with the lawful requirements.

The waiver of subrogation shall be notified in writing to the owner of the dwelling within one month from the date of death of the tenant. Those who fail to notify their waiver shall be jointly and severally liable to pay the rent for the three month notice period within which they should have notified to the owner of the dwelling the death of the tenant.

If the lease agreement is executed for a duration of more than five years, the parties may agree that there shall exist no right of subrogation in case of death of the tenant, in the event five years have passed before the death or the lease agreement is terminated upon expiry of the five year period if the death occurs before.
We would recommend that:

  1. The agreement be executed in writing, which shall involve a greater safety and a guarantee of fulfilment by the parties of their contractual obligations.

  2. The agreement contain accurate details of the leased dwelling, landlord and tenant, rent, deposit, as well as the provisions agreed on, the date and signature of the parties.

  3. It be clearly indicated in the agreement who shall live in the dwelling.

  4. You verify the ownership and the title deeds of the dwelling.

  5. You check the condition of the dwelling before signing the agreement.

  6. You check the installations and systems in the dwelling to see if they work properly (sockets, taps, switches, heater, etc.).

  7. You check to make sure that the electricity, water, gas, etc. supply agreements are in order.

  8. If the dwelling is leased furnished, you should check the condition of the furniture and demand that a detailed inventory of all items be included in the agreement.

  9. When there is more than one person interested in renting the dwelling, they should all be entered in the agreement.

  10. You check, in case there is a person acting on behalf of the titleholder or owner of the dwelling, if that person was given a power of attorney in front of the notary, to be entitled to act on behalf of the owner.

  11. You seek professional advice with respect to the legal aspects to be considered when executing a lease agreement.



5. ELAIA project


PROMOTIONAL VIDEO

The plot of land which makes the object of this project was ceded by the City Council of Moncada, and is located at the crossroads between Murcia street and Cementerio Avenue. The plot of land has an area of about 613,70 sq.m and has a very flat topography, with a slightly sloping to the south.

The following activities are covered by the scope of the project:

  1. 40 dwelling adapted for elderly, with an useful area of maximum 40 sq.m, consisting of hall, dining room, living room, kitchen with corridor, bathroom, bedroom (for 1 or two persons) and balcony.

  2. Joint-usage services intended for the use of residents, with a total area of 105,32 sq.m.

  3. Open plan area to be ceded to the City Council of Moncada, with a total area of 216,81 sq.m.

  4. Parking lot with a number of 13 parking places for vehicles.

The building shall have two main stairs, communicating with all the floors of the building. The access to the building from the public highway can be gained from Murcia street, the building having several entrances, two via stairs and one via ramp.

On the ground floor, besides the joint usage elements, there are other spaces intended for the use of the residents, such as a leisure room for watching TV, playing games and showing films, a management office and several toilets. There will also be an open plan area and an area for a power transformer unit.

The upper floors shall be exclusively intended for dwellings, the four floors having the same layout. Each floor shall house two dwellings looking onto Cementerio avenue and the other eight onto Vial 2 street, the common corridor leading to each dwelling being located on the side looking onto Murcia street.

The design engineers endeavoured to make sure that the layout of the rooms and the composition of the facades blend in harmoniously, so that all elements result in a functional disposition.


Estimate of materials and finishes (without contractual character):

STRUCTURE

Foundations consisting of isolated reinforced concrete bases. Structure made up of porticos with reinforced concrete pillars and beams.

ROOFING

Passable terrace roof.

BRICKWORK

Outer layer consisting of an outer wall of 11 cm double hollow bricks, thermal insulation and inner wall of 7 cm double hollow bricks. Interior partition walls made of 7 cm double hollow bricks and 12 cm perforated bricks, to separate the dwellings.

COATINGS

The exterior of the building: single-layer mortar with a trowel finish.

The interiors, fine-looking garnishes and plasterwork coated in a smooth layer of paint.

FLOORING AND TILING

Interior flooring of dwellings consisting of porcelain tiles. Ceramic tile flooring in damp areas.