Contractual clauses usually state that the tenant must receive and return the property in a perfect state of repair.
Under the law, the tenant is liable for deterioration or loss of the property, unless he can prove that he was not at fault for the damage (for example, if it occurred due to an accidental fire or flood).
If the lease is silent on this issue and there is no evidence to the contrary, the tenant is presumed to have received the property in good condition.
The tenant's liability depends on the cause of the damage: if it is the result of misuse, the tenant is liable; but the tenant is not liable for damage caused by the passage of time or unavoidable events such as accidents or natural phenomena.
It is recommended to include precise conditions in the contract on how the property should be returned.
There is the possibility of resorting to criminal rather than civil proceedings due to delays associated with the new Housing Law in evictions.
The courts consider trespassing to be a criminal offence in specific cases of occupation: when the occupation is permanent, the occupant lacks a legal title to enter the property or the owner does not consent to the occupation.
To use criminal proceedings, the owner must prove the occupation and his opposition to it. It is recommended that a burofax be sent to the occupant requesting eviction within a reasonable period of time, stating that he lacks title and that he does not consent to the occupation.
If the request or the communication of the landlord's will cannot be proved, the criminal proceedings will be closed. There is also the possibility for the owner to file a complaint in the duty court without the need for a lawyer or solicitor (although it is advisable), proving that he is the owner of the property, that it has been unlawfully occupied, and that he has requested that the occupants vacate it.
It is fraud!
There are fraudulent practices aimed at evading the obligations imposed by the new Law on the Right to Housing.
Some people resort to trickery to disguise property rental contracts under other names. Even if different names are used to designate a contract, if the relationship between the parties is a property lease, the relevant regulations apply.
Such cases of fraud include renting rooms to members of the same family or signing temporary leases without meeting the necessary requirements. But these practices are not effective in disguising a genuine property rental. In fact, if the tenant asserts his rights by proving that what there is is a disguised rental of property, the rules of these leases will be applied, and damages may even be claimed.