How to sign tenancy agreements remotely: A legal and practical guide for estate agents

In recent years, the property sector has undergone a profound transformation driven by the digitalisation of its processes, the need to conclude deals without geographical barriers, and external factors. Estate agents, landlords and tenants are seeking to move away from the slowness of paper-based procedures, opting instead for the flexibility of operational solutions that allow documents to be formalised remotely with full legal validity.

This shift in the market has created a climate in which landlords and tenants wish to protect themselves against potential risks and ensure safeguards are in place in every contract signed. For this reason, an increasing number of transactions are being carried out using digital solutions such as electronic signatures, which are a key tool for streamlining processes, protecting landlords and tenants, and avoiding risks.

Is it legally possible to sign tenancy agreements remotely?

Any tenancy agreement is governed by Law 29/1994 of 24 November on Urban Tenancies (LAU), which regulates property law. Its purpose is to govern all matters relating to housing and tenancy, whether for tourist or commercial use.

Article 4.2 clarifies that:

“Residential tenancies are governed by the provisions of Title II of this Act; failing that, by the agreement of the parties; and, in the alternative, by the provisions of the Civil Code.”

In other words, the parties’ intentions take precedence; they are free to choose how the tenancy agreement is concluded, even in the case of verbal agreements.

Furthermore, with regard to the level of security of a signature, the eIDAS Regulation defines three types: simple, advanced and qualified electronic signatures. All are perfectly legal and admissible in any court for signing any type of document, and will have the same validity and legal effect as a handwritten signature provided that the legal requirements are met.

We can therefore sign tenancy agreements online with complete peace of mind using electronic signatures, a technology that undoubtedly improves the customer experience and avoids the need to print the contract, as well as all the other inconveniences that traditional signatures can entail.

Current risks in the rental market and how to protect yourself

What should be a completely transparent process often ends up becoming a major concern for both landlords and prospective tenants, due to the various risks they may face:

Delays or non-payment of rent

The only recourse available to the landlord should this situation arise is to take legal action, which involves initiating eviction proceedings against the defaulting tenant and claiming the unpaid monthly rent.

For this reason, one of the aspects that landlords monitor most closely is the financial standing and reliability of prospective tenants.

Unfair terms

These create an imbalance between the rights and obligations of the tenant and the landlord. Some of the most common situations relate to costs that should not be borne by the tenant, disproportionate restrictions or rent increases exceeding the legal limit. It is therefore essential to review the tenancy agreement thoroughly and ensure that the terms are transparent for both parties.

Document forgery

Another major challenge is verifying the information and documents exchanged during the process. Failure to do so can create uncertainty for both landlords and tenants, making it difficult to finalise and conclude agreements.

This is where digital electronic signature solutions play a key role: they ensure the authenticity of documents, prevent tampering and strengthen mutual trust.

Electronic evidence that safeguards a tenancy agreement

But as the saying goes: ‘Desperate times call for desperate measures’. Of course, it is very important for a tenancy agreement to be robust; but there are also mechanisms that enhance digital security and identification, and we specialise in these.

For every document signed using our digital solutions, you will receive an audit report containing details of the entire process: landlord and tenant details, status, types of evidence used and their traceability. Furthermore, the authenticity of any document is guaranteed throughout its lifecycle, demonstrating when a set of data was created and confirming that it has not been altered, via our document validator. It is also possible to authenticate the signatory’s identity by receiving the details of the digital certificate used at the time, thanks to time stamps.

5 benefits of electronic signatures for the property sector

If you work in the real estate sector, you will know that drawing up and signing tenancy agreements or any other type of documentation is no easy task. Speed and efficiency when signing documents are key, given that estate agents have to manage multiple and complex tasks, often all at the same time.

Below are some of the benefits of electronic signatures in the property sector:

• Speeds up the formalisation of any contract 100% online, without the need for printing or travel by the parties, from anywhere
• Contributes to a 100% paperless office, allowing you to digitise all documents and reducing the physical space they take up in your office
• It allows you to send, sign and manage the tenancy agreement to be signed by the landlord, tenant, guarantor and your estate agent without the need for an individual or corporate digital certificate
• It automates all management processes

These kinds of digital tools serve to offer a unique selling point compared to other offerings on the market, which will help attract more customers.

How to sign tenancy agreements remotely with Viafirma

Create a signature request

The first step is to create a signature request in Viafirma Documents by selecting the options ‘sign a document’ and ‘import template’. When using a predefined tenancy agreement template, the system has already created the spaces for the landlord’s and tenant’s signatures.

Drafting the request

Once the details for both parties have been entered, Viafirma Documents will redirect you to a request drafting process, where almost all fields will be pre-filled by default. However, certain options are editable and can be amended according to the user’s preference.

Customise the settings and send

In the summary section, you can edit the scheduling and sending settings for the signature request. You can set a deadline, a reminder or a ‘must-read’ flag, amongst other options. When you click ‘send’, the signature request will be sent to both the landlord and the tenant.

Landlord’s signature

The landlord will be the first to receive the signature request via email. Via this link, they will have access to the request to fill in the contract and property details – which will have been pre-populated – as well as their contact details. These will be added to the document, which will then be ready for signing.

To accept the document and verify your identity as the landlord, you must enter the code received via text message within the next 5 minutes; this code is unique and different each time. By providing your handwritten or electronic signature, as indicated, the landlord will have completed their part. We use this code to verify the signatory’s identity.

Tenant’s signature

Finally, the tenant will receive the fully completed document by email so that they can review and sign the tenancy agreement. Like the landlord, they must accept the document at the time of signing, and then sign it.

Once the process of signing tenancy agreements with an electronic signature is complete, the parties will receive a copy of the document signed by all parties, together with a signature audit: a document proving the integrity of the agreement, i.e. that it is genuine and has not been corrupted or tampered with in any way. In this way, you will have signed the tenancy agreement using an electronic signature quickly and easily, whilst enjoying the significant benefits of electronic signatures.

Landlords and estate agents are already managing tenancies without paperwork

Ensuring the legality and security of tenancy agreements is no longer a challenge if you have the right tools. More and more estate agents are choosing to innovate by adopting paperless digital solutions, and at Viafirma we are seeing this first-hand. Numerous landlords and estate agents across the country and abroad have placed their trust in us to streamline the formalisation of documents such as property contracts between private individuals or deposit agreements (many even using our templates), providing them with legal support for every transaction.

Are you a property owner or do you run an estate agency and want to follow in the footsteps of companies such as Tecnología Inmobiliaria and Grupo Santamaría? We guarantee that every signature is legally valid, secure and traceable, minimising risks and giving you peace of mind with every transaction. Contact us today and we’ll guide you through all the necessary steps for a more streamlined and 100% secure tenancy management process.