Measures on rental of commercial properties were published at the end of last year. Specifically in RDL 35/2020.
These measures are framed within those to curb the economic effects of Covid-19.
Measures on rental of commercial properties
These are measures on rents for uses other than housing. Being applicable, therefore, to rentals of premises exclusively. They are summarized below:
Reduction/Deferral of the lease debt – Requirements for its application.
The following requirements are established for the lessee to request from the lessor a deferral in the payment of rents:
- Self-employed:
- To be affiliated and registered, as of the date of the declaration of the state of alarm (March 14), in the Special Social Security Scheme for Self-Employed. Or Self-Employed Workers or in the Special Social Security Scheme for Sea Workers or, as the case may be, in one of the Mutual Insurance Companies substituting the RETA.
- That its activity has been suspended as a consequence of the state of alarm or complementary or derived measures.
- In case of not existing suspension of the activity: that the invoicing has been reduced in 75% or more in relation to the monthly average invoicing of the same quarter of the previous year.
- Companies/SMEs:
- That meet the requirements to formulate abridged balance sheet and statement of changes in net worth (i.e., meet at least two of the following requirements: a) assets of less than 4,000,001 €, b) turnover of less than 8,000,001 € and c) average number of employees of less than 50.1).
- That its activity has been suspended as a consequence of the state of alarm or complementary or derived measures.
- In the event that the activity has not been suspended: that the turnover has been reduced by 75% or more in relation to the average monthly turnover of the same quarter of the previous year.
Reduction or forced deferral in the case of “large holders”.
Provided that the owner is a “large holder” (individual or legal entity owning more than ten urban properties, excluding garages and storage rooms, or a built-up area of more than 1,500 m2), the lessee who meets the above requirements may request, before January 31, 2021, one of the following alternatives, to be chosen by the lessor:
- Reduction of 50% of the lease rent for the duration of the state of alarm declared by Royal Decree 926/2020, of October 25, with a maximum of four months.
- Moratorium on the payment of the lease rent to be applied for the duration of the state of alarm declared by Royal Decree 926/2020, of October 25, with a maximum of four monthly payments. These rents will be deferred, without accruing interest, as from the next monthly payment to be made after the aforementioned period, and may be deferred for a maximum period of two years, provided that the lease continues to be in force.
The fact that the lessee had already requested the lessor, previously, the measures recognized by RDL 15/2020, does not affect the lessee’s right to request the application of the measures recognized herein.
Measures in all other cases
In cases in which the landlord is not considered a “large holder”, the tenant may, before January 31, 2021, request the landlord to defer the rent – provided that a rent deferral or reduction agreement has not already been reached – although in this case the landlord is not obliged to accept any measure, and therefore, if no agreement is reached, the payment of the full rent will continue to be mandatory for the tenant.
Use of the security deposit for the payment of rents
Exclusively within the framework of the possible agreements mentioned in the previous sections, the deposit may be used for the payment of the monthly rent, in which case the tenant must replace the amount of the deposit within one year from the conclusion of the agreement or within the remaining term of the contract, in the event that this term is less than one year.
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