A new extension of housing lease contracts was approved on October 27. RDL 21/2021 was published in the BOE.
Previous extensions have already taken place due to the extraordinary measures motivated by the Covid-19 pandemic.
New extension of housing lease contracts.
The content of this new RDL is summarized below.
Extraordinary extension of habitual residence lease contracts
Lease contracts for habitual dwelling whose expiration date is between the date of entry into force of the RDL and February 28, 2022 may be compulsorily extended by the lessee. For a maximum term of six months. This must be requested to the lessor, and the parties may agree on measures different from those included in the RDL, i.e., it is possible to agree otherwise. During the extension period the agreed contractual conditions are maintained.
Forced moratorium in case of “large holders”
Provided that the owner is a “large tenant” (individual or legal entity owning more than ten urban properties, excluding garages and storage rooms), the tenant in a vulnerable situation may request, until February 28, 2022, the deferral or remission of the rent, provided that such deferral or remission had not already been obtained voluntarily previously by agreement of the parties. It is left to the owner’s choice to choose any of the following measures, provided that no other type of agreement is reached:
- To reduce 50% of the rent accrued within the duration of the State of Alarm. And the following monthly payments if necessary in relation to the situation of vulnerability. With a maximum of four months.
- Apply a moratorium on the payment of the accrued rent within the duration of the State of Alarm and the following monthly payments if necessary in relation to the situation of vulnerability, with a maximum of four months. The rent included in the moratorium will be deferred by means of installments with a minimum of three years. But always within the period during which the lease contract or any of its extensions continues to be in force. This will mean that the tenant will have to pay the debt when the lease ends and no interest will be accrued.
Suspension of Evictions and Throwings
The tenant may request an extraordinary stay of the proceedings:
- In all lawsuits on claims for rents or other amounts owed by the lessee.
- or on the expiration of the term of the lease, in order to recover the possession of the property from the owner
In any of its phases, including those of eviction or launching, for being in a situation of economic vulnerability:
The suspension will have a maximum term of six months and may be requested until February 28th, 2022.