Synthesis of the urban leasing law reform in Spain
01/07/2013
By the law 4/2013, of June 4th, “of the transition to flexible measures and promotion of the rental housing market“, published in the Official Gazette of 5th June and coming into force on 6th June, the Spanish Government has modified the applicable urban leasing law, law 29/1994, as well as the law of Civil procedure, law 1/2000, to new contracts (or older ones wishing to adapt by mutual agreement), in the following most important aspects:
The minimum duration of the contract is fixed for 3 years (before, 5), and its possible extension to 1 more year (before, 3).
The owner may recover the housing for personal use or for the use of his family members, after 1 year and with a simple advanced notice of 2 months (before, only if it was required by the contract).
On his part, after 6 months the lessee may withdraw from the contract at any time, without penalty, unless you have agreed upon it, with a simple notice of 30 days (before, 2 months and only if the legal minimum term of the contract had elapsed).
It is an essential requirement that the contract is registered in the Registry of Property, so that it can be admitted in cases of alienation of the housing (before, the recognition in case of a judicial sale, was decided by the judge, according to the evidence), as well as the possibility of relinquishing of preferential acquisition rights.
Finally, and in addition to other less substantial modifications (such as the possibility to agree on a revision of the income on the basis of a different index than the CPI-index), eviction processes will be expedited by setting a deadline of 10 days for eviction, payment or opposition after the requirement, and by setting ex officio the eviction date if it fails to hold the trial (before, only at the request of part).
Joan Ramón Pomar Serra
Espada Gerlach Abogados, Spanish Lawyers in Barcelona, Spain
Member of Eurojuris España, international network of Spanish Law Firms
