To rent a property safely and protect yourself from potential problems, it’s essential to ask the tenant for a series of documents that confirm their identity and financial reliability.

To make things simple, we have prepared a list of the most important documents to request, addressing the case of renting a property to an individual separately from the case of renting a property to a company.

1. Renting to a private individual

1.1. Identity and Tax Documents

• Identity document: valid ID card or passport for all guarantors and cohabitants.
• Tax identification number: essential for the contract’s stipulation and registration.
• Residence permit: valid and mandatory for non-EU citizens.

1.2. Income Documents to Verify Solvency

• For employees: the last 2 or 3 payslips and/or the Single Certification (CU).
• For self-employed workers: the latest tax return form and a business report (if available).
• For students or people with no demonstrable income: the presence of a guarantor who agrees to cover potential defaults is often required. The guarantor will be asked for the same identity and income documents.

1.3. References (optional)

• Reference from the previous landlord: a statement or a contact from the previous owner can provide useful information about the tenant’s reliability and integrity.

1.4. Financial Guarantees

• Security deposit: generally equivalent to two or three months’ rent.
• Bank or insurance guarantee: an additional guarantee, always requested, provided by a bank or an insurance company, which agrees to cover unpaid rent payments.

In summary, we can state that requesting these documents serves to protect the landlord and ensure that the tenant is in a position to assume the financial burden of the rent. Complete and accurate documentation is the first step in stipulating a trouble-free rental contract.

Of course, the fact that the tenant has these requirements doesn’t necessarily mean they will be a tenant who complies with contractual obligations, especially the payment of rent. However, it will give the landlord the peace of mind of knowing that, in case of non-payment, they can claim the tenant’s assets or activate the appropriate guarantees.

2. Renting to a company

When you rent a property to a company, whether for commercial use, as an office, or even for residential use (for example, with a “corporate housing” contract), the required documentation is different from what you would ask of an individual.

The main documents you should request are:

2.1. Company-related documentation

• Updated company registration certificate: This is the most important document, issued by the Chamber of Commerce. It certifies the existence and regularity of the business. It should be as recent as possible (preferably no more than 6 months old). From this certificate you can verify:

• The company name, the legal address, and the VAT number.
• The type of business activity.
• The company’s capital.
• The name of the legal representative (administrator, president, etc.), who is the only person authorized to sign the contract on behalf of the company.
• Copy of the Articles of Association and the latest minutes from the shareholders’ or Board of Directors’ meeting: These documents are useful to ensure that the legal representative has the authority to enter into the lease agreement on behalf of the company, especially for a long-term or high-value lease.

2.2. Documentation related to the Legal Representative

• Copy of the valid identity document and tax code of the legal representative who will sign the contract.

2.3. Financial documentation (to assess the tenant’s solvency)

• Latest filed financial statement: This provides an overview of the company’s economic and financial situation.
• Bank or commercial references: To get additional confirmation of their reliability.

3.Why are these documents important?

• To verify identity and authority: They ensure you are signing the contract with the right person, who is legally authorized to bind the company.
• To assess reliability: They give you a clear picture of the company’s financial stability, reducing the risk of non-payment.
• To prevent future problems: Having these documents makes it easier to manage any disputes or to recover debts, as you will have all the legal details of the entity you have signed a contract with.

If you have questions and want to know more, do not hesitate to contact us at: info@fiatlux.legal; we will be happy to put our professionalism and experience at your disposal.