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LAU news reform December 2018

Publicado el 23/1/2019

MAIN NOVELTIES INTRODUCED BY THE ROYAL DECREE-LAW 21/2018, OF DECEMBER 14, OF URGENT MEASURES IN HOUSING AND RENTAL.

Your Statement of Motives considers that the tenant of a dwelling as a habitual residence is in a position of weakness that does not meet the minimum conditions of stability and security with which the tenant must be endowed with a dwelling in possession of a just title, for which argues that the urgent adoption of a norm with the rank of a law that allows the modification of different normative provisions is essential to adopt certain measures that it considers have a high degree of social consensus and do not allow for delay, since they affect the exercise of constitutional right to decent and adequate housing for many households.

In Title I, it introduces different modifications of Law 29/1994, of November 24, on Urban Leases, among which the following stand out:

- the extension of the terms of the mandatory extension and the tacit extension of housing lease agreements, recovering the terms established prior to the liberalization reform carried out in 2013, establishing the mandatory extension period in five years, except in the case of that the lessor is a legal entity, in which case a term of seven years is established, and with regard to the tacit extension, it is established that, upon expiration of the contract expiration date or any of its extensions, and after the expiration of the period of mandatory extension, if there is no communication from any of the parties that establishes the will not to renew it, the contract will be extended for another three years;
- the maximum amount of the guarantees in addition to the bond that can be demanded from the lessee, either through deposit or bank guarantee, and in the case of long-term contracts, is set at two monthly installments of income;
- It is established by Law that the costs of real estate management and formalization of the contract will be borne by the lessor, when this is a legal entity, except for those services that have been contracted at the direct initiative of the lessee.

In Title II, it introduces amendments to Law 49/1960, of July 21, on Horizontal Property, increasing the amount of the Reserve Fund of the Owners' Communities up to 10% of the last regular budget, and establishing the possibility that such resources are destined to the accomplishment of the obligatory works of accessibility foreseen in the article Ten.1.b), and on the other hand the obligation of carrying out such works of accessibility in those cases in which the public aid to which the community can have access reach 75% of the amount of them. In terms of housing for tourist use, it also makes explicit the qualified majority necessary for the communities of owners to limit or condition the exercise of the activity, or establish special quotas or increase in the participation of the common expenses of housing, in the framework of sectoral regulations.

For its part, Title III incorporates a modification of the eviction procedure for housing when it affects vulnerable households, establishing that the determination of the situation of vulnerability will produce the suspension of the procedure until the measures that the social services deem appropriate for a maximum period of one month, or two months when the claimant is a legal entity. In this way, the procedure is clarified, introducing greater legal certainty and specific measures to address those situations that demand greater social protection.

Finally, Title IV includes measures in economic and fiscal matters, and as regards the transitional regime, it establishes that lease agreements signed prior to the entry into force of the Royal Decree-Law will continue to be governed by the provisions of the legal regime that applies to them. it was applicable, and a period of three budgetary years for the Owners' Communities to adapt to the new amount of the reserve fund.


Dept. of Communication
PAJARES & ASOCIADOS ABOGADOS

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