To rent a house there to catch up. today he has published the official State Gazette 8BOE) and tomorrow comes into force the law of measures of flexibility and encouragement of the housing rental market, that it amend the law of urban leases and makes few days did the Royal Decree which requires the certification of the energy efficiency of buildings. regulatory changes which affect both landlords and tenants, with new rights and obligations that should know when making a new contract.
experts emphasize that the newly adopted legislation more flexible relationship between the parties, reaching agreements freely, within reason, than prevalecerán por cualquier encima papel suscrito. main Las novedades son:
plazos mas cortos: the legal duration of the lease instalments are reduced. the so-called "binding extension", which is signed the first contract, cinco Años PASA a tres Años. Agotado este periodo, y if ninguna Las partes is pronuncia, applies the automatic "tacit extension" one more year ( they were once three years), If not have referred to other periods in the initial contract.
not have energy certificate can carry heavy penalties
review of income: the possibility of that landlord and tenant negotiate, starting del tercer ano, Actualización del precio del alquiler, tanto al alza como has the baja, without having to link it to the IPC. so far the update was mandatory and only according to the variation of the IPC.
payment of reforms: If a tenant raises a reform to improve the property, it is possible to reach an agreement with the owner so that the cost of the works is discount of the monthly payments of rent.
streamlining of the 'express eviction': in the event of late payment, even with a single month of non-payment, ( the tenant has ten days to pay since it receives the payment requirement), is terminated the contract and starts the eviction procedure. the eviction may be effected on the tenth day, reducing the paperwork and notifications. on the other hand, the tenant can "vitiate" the action and avoid judgment, and the consequent eviction if you pay income that should. Like this, the rental agreement can be reactivated.
facilities to leave or retrieve housing: tenant may go home after at least six months have passed, without having to wait for it to finish the annuity, warning with a month of notice and without having to pay compensation ( unless the contract specifies that). on the other hand, the owner may request to recover housing as a habitual residence if you need it for him or a relative of the first degree ( or your spouse after the divorce or annulment). that Yes, you must have spent at least one year since the signing of the contract and must communicate it to tenant two months earlier as a minimum.
the House for sale: a buyer who acquires a lease housing won't have to respect the contract of lease. However, when said contract has been registered in the register of the property, things change. in such a case, the buyer is obliged to allow to continue with the provisions in the contract, including the forcible and tacit extension.
entry in the register: in order to enforce the rights of landlords and tenants against third parties, the reform of the law makes it possible to sign the contract at the land registry, as a way to ratify the agreement.
registration of delinquent tenants: the Government has created a record of firm's unpaid rental income statements, in order that the owner can see data from citizens who have failed to fulfil their obligations. the Executive aims to prevent owners don't take their empty homes to the market of rent for fear to a 'bad payer'.
Acreditación del certificado energetico: Desde el 1 by junio, it is obligatory to have the certificate of energy efficiency to be able to sell or rent real estate for more than four months. this tag energy ( which gives a rating from A, mas eficiente, has the G, the menos) puede emitirla cualquier Técnico autorizado, it is valid for ten years and the owner must provide it. otherwise, sanctions for the owner of the House range between the 300 y los 6.000 euros. también es obligatorio so is v los arrendamientos.
Fernando Encinar, estudios jefe de idealista.com, considers that "any measure to make more flexible rental helps to change the mentality of purchase of the Spaniards in favor of rent". adds that "in fact", ya ha cambiado, " porque es an aliciente '.
on the other hand, Josep Oliver, believes that these measures, especially that of reduction of periods of duration of the contract, they give more certainty to the owner but less to the tenant. Like this, "is puede intensificar the oferta", " pero no. tanto asked", asegura. "And what is needed is the car to absorb the stock of homes for sale", points.