What should be included in the student lease agreement?

With the 2022/2023 school year approaching, the demand for rooms and apartments near university areas is increasing. After all, many of the young people who enter higher education enter universities far from home. And to avoid daily commuting that require time and moneystudents prefer rent a room or an apartment near the university. However, when entering into a rental agreement for students, doubts about the legality of the contract Or until whether it allows the tax deduction at the IRS.If you have any doubts about what should be included in a student rental agreement, then know the main information and points to consider.Also read: Lease Agreement: How to Ensure It Protects Both Parties

What should be included in the student lease agreement?

In accordance with article 1069 of the New Regime for Urban Rentals, NRAU, lease agreements must be signed in writing in the case of leases with a duration of more than six months. But even if this period is shorter, for students to be able to deduct a percentage of income from the IRS, as an education expense, it is essential that a lease contract is concluded It’s this one indicate that this is a lease to a displaced student.Although student lease agreements can take different forms, as each landlord can add or remove clauses depending on their goals, there is mandatory information in a lease agreement. For example, all lease agreements must contain:The contract holders, as well as the numbers of the identification documents. In the case of student leases, the purpose of residence is temporary and there may be several grantors acting as tenants. The landlord must indicate in the contract which right you have over the accommodation and identify the accommodation (address, head office number, etc.)Type and purpose of accommodation: In this paragraph, the contract must describe the type of accommodation in the dwelling or “part of the dwelling”. For example, in the case of renting rooms, this paragraph should describe that the part corresponds to a room, with an area of ​​x m2, with/without a bathroom, furnished or unfurnished, among other relevant characteristics. In addition, the purpose of the accommodation must state that it is a rental of the accommodation or part of it to a displaced student.Lease term: The term, start date and conditions of renewal of the lease must be indicated.Income: The amount of the rent in full, not including expenses or additional charges, as well as the date of payment of the first rent and the frequency of the remaining ones. The form of payment of rents and the payment data (name of the bank account holder, bank entity, NIB/IBAN) must also be stipulated in the contract.Security deposit: When a deposit is agreed, the value of the deposit delivered by each tenant to the landlord must be described. The purposes of the deposit and the form of return of this amount must also be described in case the accommodation is returned in a good state of conservation.Guarantors: If there are guarantors of the lease, they must be identified in the contract and their responsibilities must be described.Form and period required for termination of all parties involved. Relevant annexes on the lease and accommodation agreement: Attachments to a tenancy agreement may vary depending on the type of tenancy. As a rule, many landlords choose to insert an annex with the conditions of the property, list of appliances and furniture, energy certificate of the property, among other information. If one of the attachments is the accommodation form, tenants must sign a declaration attesting to the veracity of the information described. If the lease agreement is associated with the Accessible Lease Program, in the annex, the property registration forms, applications, and other relevant information must be included.Signatures of all parties involved.

If there are expenses included, should they be included in the lease?

Expenses and charges apart from the rent must follow the rules set out in article 1078 of the NRAU. That is, the law states that the landlord and tenants must establish, in writing, the regime of charges and expenses. For example, it is common for water, electricity, gas and internet expenses to be included in the lease agreement for university students. However, when nothing is described, the law understands that: Charges related to the supply of goods or services to the leased location they are from lessees’ liability;The charges related to the administration, conservation and enjoyment of common parts of the buildingas well as payment for services of common interest, are the landlord’s responsibility.Charges and expenses must be contracted in the name of the person responsible for the payment. must submit, within one month, proof of payment of these expenses. Tenants have until the end of the month following the communication to pay the respective expenses together with the subsequent rent. However, when the contract establishes a fixed monthly amount to be paid on account of electricity, water, gas, telecommunications or internet charges, adjustments must be made every six months. That is, imagine that the lease is for three bedrooms and each tenant has a duty to pay 25 euros per month, for the services associated with the accommodation. This means that it is stipulated for the all services 75 euros per month. If at the end of six months, the sum of the invoices for these services exceed 450 euros (75 euros x 6), lessees are obliged to pay the additional amount of these charges. However, the landlord must present the invoices and proof of payment.

Are there specific rules in the lease agreements for students who fall under the affordable lease?

Yup. O affordable rent is governed by its own regulation, published in Decree-Law No. 68/2019, of 22 May. However, you must take into account the changes that this decree undergoes over time. Therefore, it is normal that there are specific rules in affordable rental contracts, even when concluded with university students. tax domicile is in another municipality. Another of the rules applied in the lease accessible to university students is that the contracts must have a minimum term of nine months.If you choose to apply for this program, you must carefully read the regulations to comply with all your obligations and know your rights.Read more: Are you going to rent a house? Know the rights and duties of the tenant

Require income receipts and confirm the data in the e-invoice

After entering into a student lease, be sure to demand your rent receipts or other discharge documents. After all, these serve as proof of payment of your monthly income and can grant you tax benefits in your IRS. Depending on the landlord’s fiscal framework, it is possible to issue the following documents:Electronic income receipt;invoice-receipt referring to a lease contract for a displaced student: The receipt invoice must be included in the CAE 68200 – Lease of real estate. In these situations, the landlord must notify the Tax and Customs Authority of the issuance of the invoice-receipt; discharge document, indicating that it is a lease to a displaced student. However, the landlord is obliged to deliver the Model 44 to AT, what is the Annual Communication of Income Received.In case you want to take advantage of the tax benefits at the IRS, you will need to confirm that the rent receipts are included in the e-invoice, in the education expenditure sector. If not, you must enter these expenses manually, but also must register as a displaced student on the Finance Portal.If you don’t know what tax benefits we are talking about, know that a displaced student has the right to deduct 30% of income charges at the IRS, up to a maximum limit of 300 euros per year. In addition, it also benefits from an increase in maximum limit of the global deduction of education expenses to 1,000 euros. Therefore, it is important to pay attention to all these details, in order to reduce the costs related to a rental contract for students. Also read: University at the door? 6 steps in prep before and after