Measures on housing leases were approved last January 27th in RDL 2/2021.
The deadlines for the application of the extraordinary measures on housing leases introduced by RDL 11/2020 and extended by RDL 30/2020, which are summarized below.
Measures on housing leases
Extraordinary extension of habitual residence lease contracts.
They may be compulsorily extended by the lessee, for a maximum term of six months, who must request it to the lessor:
- The habitual dwelling rental contracts whose expiration date is between April 2, 2020 until the end of the state of alarm. This is from the date of entry into force of RDL 11/2020 until the end of the state of alarm. This was declared by RD 926/2020, dated October 25 and extended by RD 956/2020, dated November 3.
- The parties may agree on measures different from those included in the RDL. It can even be agreed otherwise.
- During the extension period the agreed contractual conditions are maintained.
Forced moratorium in case of “large tenants”.
The tenant in a situation of vulnerability may request, until the end of the state of alarm, the deferral or remission of the rent, provided that:
- Said deferment or remission had not already been obtained on a voluntary basis previously by agreement of the parties.
- The owner is a “major holder”. Natural or legal person owner of more than ten urban properties, excluding garages and storage rooms.
It is up to the owner 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, and no interest will be accrued. 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 lessee will have to pay the debt when the lease ends.
Definition of the situation of economic vulnerability in RDL 11/2020 (unchanged).
The situation of economic vulnerability is defined for the purpose of obtaining moratoriums or aid in relation to the rent of the habitual residence. That will require that all of the following requirements are met:
- First, that the tenant goes into a situation of unemployment, ERTE, reduction of working hours due to care. Or another similar circumstance that supposes a substantial loss of income not reaching the set of the income of the members of the familiar unit. Being applicable also to self-employed professionals.
- That the rental income, plus expenses and basic supplies (consumptions), is higher than 35% of the income of the members of the family unit.
- Finally, that none of the members of the family unit is the owner or usufructuary of any dwelling in Spain of which he/she can dispose.
Transcription of RDL 11/2020:
- In general, the limit of three times the monthly Public Indicator of Multiple Effects 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 per dependent child 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 more than 33 percent, a situation of dependency or an illness that incapacitates him/her permanently to carry out a work activity, the limit foreseen in subsection i) will be four times the IPREM, without prejudice to the accumulated increases for each dependent child.
- In the event that the person obliged to pay the rent is a person with cerebral palsy, with mental illness, or with intellectual disability, with a recognized degree of disability equal to or greater than 33 percent, or a person with physical or sensory disability, with a recognized degree of disability equal to or greater than 65 percent, as well as in cases of serious illness that incapacitates the person or his caregiver to perform a work activity, the limit provided for in subsection i) shall be five times the IPREM.
The lessee who intends to apply any of the measures or aids contemplated will be obliged to prove the fulfillment of these requirements. Either to the lessor, to the public administration or to the judicial bodies.
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