The reform of the Urban Leases Act: fundamental aspects of the rental housing

On June 6, 2013 came into force the new Law 4/2013, of June 4 , from easing measures and promotion of rental housing market, that significantly modifies the previous Law 29/1994, of November 24 Urban Leases (hereinafter, LAU), and the Law 1/2000 , of January 7, on Civil Procedure (hereinafter LEC ), with the aim or goal of boosting the rental market. For this reason, it is important to do a review of the law, studying both new as issues of possible interest from future contracting parties, especially with regard to rental housing.

First, as a fundamental issue is that the lease is governed by the principle of the primacy of the will of the parties. In this way, they can agree what they see fit, but always bearing in mind that "are null, and they will not put the stipulations that modify the detriment of the lessee or sublease the provisions of this Title, except where the rule itself expressly authorized "as expressed in Article 6.

Another change, is the new minimal duration of the lease. To date the amendment, the mandatory minimum age of five years. After the reform, the duration is reduced to 3 years. In the event that the contract provides a period of less than three years, check the expiration date, it is mandatory for annual deadlines extended to reach the minimum duration of three years unless expressed to the tenant not to renew thirty days before. Therefore, there is a right of the tenant to remain in the home for at least three years, provided that the landlord does not need to use it to that house permanent home for him or first-degree relatives, in which case it shall so notify within two months.

Another important change is that the reform is establishes as compulsory to register the leases in the Land Registry, in order to take effect against third parties. Therefore, if the lease is not enrolled in the registry, and housing is disposed of, the new owner has no obligation to maintain and subrogation in the contract. Also, the right to compulsory and tacit extension under the new wording will only take effect against third parties, if the lease is registered in the Land Registry. Thus, if there is a foreclosure, the lease will be terminated.

On the subject of the withdrawal, the law 4/2013 frees the tenant so that you can give up, 6 months after signing the contract, always informing the landlord with a notice of 30 days. The previous legislation required the tenant to comply with the annuity contract.

Tha art. LAU 15 provides that in the event of annulment, legal separation or divorce, the spouse lessee may continue to reside in the home as long as it is attributed by civilian standards.

Another novelty is that, in the area of income, the parties agree that the rent be replaced, for a specified period of time, the tenant commitment to reform or rehabilitate the property under the terms and conditions agreed.

Well, like everything in life, time will tell if it meets the objective of boosting the rental market.