Rule in agreements for hire
You knew THAT IN MARCH OF THE 2019 MODIFIED THE RULE OF AGREEMENTS FOR HIRE, HERE LEAVE YOU THE MAIN CHANGES:
After the publication in the BOE of the Royal decree-law 7/2019, of 1 March, of urgent measures in matter of house and hire going in in force the day 6 March, these are the novelties entered:
- As it already occurred with the anterior Decree, that was derogated, expands the term of the compulsory extension. This will spend of three to five years when the arrendador was physical person and of three to seven years when the arrendador was legal person. Finalised the extension if any of the parts communicates to the another his intention of not continuing with the agreement prorrogará necessarily by three years more.
- The legal bail will keep on being of a mensualidad of income. Like additional guarantee, the arrendador will be able to request a maximum of two mensualidades for those agreements with a length of five years in case of physical person, seven, if it treats of legal person. For agreements of lease with an upper initial length to five years does not exist limits to the hour to request additional bail.
- Of turns with the honorarios of agency, if the arrendador is legal person will have to assume the honorarios devengados by the real-estate agency.
It suppresses the obligation to clear the Tax of Transmissions Patrimoniales as long as the house allocate to stable and permanent use.
- On the other hand, like novelties entered in this new Decree in relation to the anterior, in the case that it produce the sale of the house leased, the new title of the house will have to respect the agreement of lease, find this inscribed in the Register of the Property or no. Previously, the new owner, if the agreement did not find inscribed in the Register of the Property had the faculty to resolve the agreement.
- The term of preaviso wide when the parts to the ending of the agreement or his extensions do not want to continue with the agreement, like this the arrendador will have to notify to the tenant with at least four months of antelación his intention of not continuing with the agreement of lease, reducing the term of notification to two months of antelación for the arrendatario.
- The arrendador will be able to recover the house leased by need as it came applying up to now but as long as it appear previously in the agreement. In case that it do not do quotation any in relation with the article 9.3 of the LAU, the owner will not be able to allege this cause. Once passed the first year of length of the agreement and whenever the arrendador was physical person, will not proceed the compulsory extension of the agreement when, to the time of his celebration, had certified in the same, of form expresses, the need for the arrendador to occupy the house leased before the course of five years to allocate it to permanent house for himself or his familiar in first degree of consanguinity or by adoption or for his spouse in the suppositions of firm sentence of separation, divorce or matrimonial nullity.
- The Decree does not have retroactive character by what will not be of application to the celebrated agreements prior to his entrance in force.