The extension of measures on housing rentals in RDL 8/2021 has been published. Measures that our experts at Asesoría Jurídica summarise below.
Extension of measures on housing rentals
Firstly, the period of application of the extraordinary measures on housing leases introduced since the start of the Covid-19 pandemic is extended.
Extraordinary extension of the extraordinary extension of tenancy agreements for owner-occupied dwellings
Contracts for the rental of permanent housing, whose expiry date is between the entry into force of RDL 11/2020 (2 April) and 9 August 2021, may be compulsorily extended by the tenant.
- For a maximum period of six months
- And furthermore, the lessor must request it from the lessee.
The parties may agree on different measures to those included in the RDL, and there may even be an agreement to the contrary. During the extension period, the agreed contractual conditions are maintained.
Forced moratorium in the case of “large tenants”.
When the owner is a “large tenant”, a natural or legal person who owns more than ten urban properties, excluding garages and storage rooms.
The tenant in a situation of vulnerability may request, until 9 August 2021, the deferral or remission of rent. Provided that such deferment or remission has not already been obtained voluntarily by agreement between the parties. It is up to the owner to choose any of the following measures, provided that no other type of agreement has been 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 instalments 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 instalments with a minimum of three years. But always within the period during which the rental contract or any of its extensions continues to be in force. This means that the tenant must pay the debt at the end of the lease and no interest will accrue.
Suspension of evictions and eviction proceedings
In all lawsuits concerning:
- Claims for rent or other amounts owed by the tenant.
- Or on the expiry of the term of the lease, in order to recover possession of the property from the owner.
The tenant may request the extraordinary suspension of the procedure, in any of its phases, including those of eviction or release, because he/she is in a situation of economic vulnerability.
The suspension will have a maximum period of six months and can be requested until 9 August 2021.
Definition of the situation of economic vulnerability
The situation of economic vulnerability is defined for the purposes of obtaining moratoriums or aid in relation to the rental of the habitual residence, which will require all of the following requirements to be met:
- That the tenant goes into a situation of unemployment, ERTE, reduction of working hours for reasons of care, or other similar circumstance that entails a substantial loss of income. Also applicable to self-employed professionals. Not reaching the total income of the members of the family unit:
- In general, the limit of three times the monthly Public Indicator of Multiple Effect Income. Hereinafter IPREM.
- This limit will be increased by 0.1 times the IPREM for each dependent child in the family unit. The applicable increase will be 0.15 times the IPREM for each child in the case of a single-parent family unit.
- This limit will be increased by 0.1 times the IPREM for each person over 65 years of age who is a member of the family unit.
- In the event that any of the members of the family unit has a declared disability of over 33%. Situation of dependency or illness that is accredited as permanently incapacitating him/her to carry out a work activity. The foreseen limit will be four times the IPREM. Without prejudice to the accumulated increases for dependent children.
- In the event that the person obliged to pay the rent is a person with cerebral palsy, mental illness or intellectual disability. With a recognised degree of disability equal to or greater than 33%. Or a person with a physical or sensory disability, with a recognised degree of disability equal to or greater than 65%. As well as in cases of serious illness that incapacitates the person or their carer to carry out a work activity. The limit foreseen will be five times the IPREM.
- That the rental income, plus basic expenses and supplies (consumption), is greater than 35% of the income of the members of the family unit.
- That none of the members of the family unit is the owner or usufructuary of a property in Spain which they can dispose of.
The tenant who seeks the application of any of the measures or subsidies contemplated will be obliged to accredit compliance with these requirements. Either to the landlord, to the public administration or to the judicial bodies.
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