Thursday, July 05, 2018
Legal News
ALL old rental tenants are no longer untouchable
The old rent is already a thing of the past. More and more flats and houses in Spain exhaust this formula upon the death of their last tenants of full right, however there is a legal fissure that must put on notice to those who still take advantage of this payment, sometimes significantly less than the monthly rent of the flat. Which? Especially if you live in an old rental apartment this interests you a lot.And is that the Supreme Court has been placed next to the owners in this regard: the landlord can terminate the old rent if the works of conservation of the property exceed 50% of the floor value. So the owner can "take back" the control of your property and rent it at the price he wants, to the detriment of who lives on the floor at that time.This can be a real headache for thousands of people who still live in old rental apartments because, logically, these buildings are old and sometimes they are in very poor architectural conditions. Yes, the landlord or owner is required to assume the works of the house to condition in perfect condition.That is, when the conservation works exceed 50% of the value of the floor, then the owner can request the termination of the contract in accordance with the Lease Act of 1964. In Spain there are still rents that continue with this old rent regime ( It should be noted that in terms of commercial premises, the law was completely completed in 2015).The rents of old rent forced the owner or landlord to forcibly extend and with a minimum amount the price of the monthly rent of said real estate property until the death of the tenant. All this can change with Decree 4104/1964, which includes even the value of the land.A case as an exampleThe Legal Attic study gives as an example a case to understand why this legal fissure to continue benefiting from the old rent. A woman had a rental in this condition since 1966. The state of the apartment deteriorated over the years and demanded the owners to reform. The landlord did not want to and with the Urban Lease Act of 1964 in hand he was given the reason to request the contractual resolution. The request of the tenant was estimated by the Court of First Instance, which was admitted in favor of the Provincial Court but the landlord won before the Supreme Court.In this case, according to the expert report that was provided by the lessor, the repair works of the house are valued at 28,604.97 euros and the value of the leased house at replacement cost at 35,206.15 euros. For this reason, the Supreme Court upheld the appeal filed by the landlord declaring the termination of the lease agreement that bound the parties according to the 1964 regulations that few contemplated.

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