Do you need a contract to rent a parking space? Is a verbal agreement valid?

Question

José Manuel Alburquerque · Accepted Answer

A written contract is not needed. The letting of a parking space is valid even if it was agreed verbally, because the law does not require any particular form. But it is advisable to put it in writing, because if a problem arises it will be difficult to prove the price, the duration or what was agreed about the deposit (the “fianza”). If no duration was agreed and payment is monthly, the contract is deemed to run from month to month. Why it is advisable to put it in writing A verbal agreement is just as binding as a written one. The problem comes when the tenant stops paying, refuses to leave or says that something else was agreed. Each party then has to prove what it says. Without a document, that is difficult. If the space is rented on its own, the contract will normally be governed by the Spanish Civil Code (“Código civil”), which does not require it to be in writing. Some courts, however, apply the “Ley de Arrendamientos Urbanos” (LAU), Spain's urban tenancies act. Under that act, either party can require the other to put it in writing. If the space goes with a rented flat, it follows the rules for the flat and it is normally included in the same contract. What it should say Who is letting the space and to whom, with the space number and the address of the garage. The price, the day on which it is paid and the method of payment. Bank transfer is best, so that there is a record of each payment. The duration and the notice that must be given to end the contract. Whether a deposit is required, how much it is and when it is returned. Under the Civil Code a deposit is not compulsory, but it can be agreed. In Catalonia, if a deposit is taken, the prudent course is to lodge it with the “INCASÒL”, the Catalan public body that holds tenancy deposits, because Catalan law requires the deposit for urban property of any use to be lodged and does not exclude parking spaces. Whether the price includes the costs of the space, such as the owners' association fee, or whether the tenant pays them separately. The handover of the remote control or the key and what is paid if it is lost. The use that may be made of the space, for example only parking a car or a motorbike, without storing other things. Whether the tenant may sublet it or assign it to someone else. An undertaking to comply with the garage rules. If nothing is in writing Keep everything that helps to prove the agreement: Bank transfers, ideally with a reference stating the space and the month. Messages or e-mails in which the price, the duration or the deposit was discussed. Signed receipts. Evidence from anyone who knows about the agreement, such as the managing agent or a neighbour.