Contract for the rental of urban allotments. Which contract should be signed?

The rental of an urban garden is a lease of a small area of land delimited within a plot of land of a larger area for a given period for own supply of vegetables or self-consumption and personal enjoyment or recreation.

These plots in urban orchard can be within an urban land or a rustic land.

The lease of an urban orchard, however, is not similar to the lease of a rural property for the exploitation of an olive plantation, for example, as it appears in the Rural Leases Law, nor to what is supposed to be the lease of a dwelling as it may appear in the Urban Leases Law.

So where do we go to formalize a contract for an urban garden?

It will depend on each case.

This may be the Civil Code as a basis, the Rural Leases Law or the Urban Leases Law.

First of all, it is a private contract between the parties and each owner of a professional urban garden will make the contract he/she deems appropriate and fair for both parties.

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What is the minimum basic content of an urban garden contract to be valid?

In order to be valid, a contract must contain three basic premises:

  • Identify the plot to be rented within the urban garden.
  • The rental price and how it is paid
  • The duration of the contract and the form of extension.

The duration of the contract of the urban garden will be one of the most important issues, the most logical among urban gardens can be about 6 months, even month by month as we have seen in professional gardens.

Once we have the basic clauses, we can put a series of clauses inherent to urban gardens such as whether water is included or not, an annex of rules for the use of tools, schedules, basic care, etc., since we are going to have our plot within a community of gardeners where we must also respect the rules of coexistence.

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