Changes in rent regulations / repealed

19th December, /2018, changes in rent regulations; Real Decreto-Ley 21/2018. Repealed on the 22nd January 2019.

Lease agreements prior to this date will continue under the previous legal regime. 

Subsequent contracts until the 23rd of January (only 35 days) have the following changes:

1) Increases the minimum legal term of permanence in the leased property. 

  • Goes from: 3 to 5 years, if the landlord is a private owner. 
  • From 3 to 7 years, if the landlord is a company.

Note: For such an extension it will not be necessary to make any communication to the owner-landlord, being sufficient with the tenant's stay in the dwelling object of the lease, and with the payment of the agreed rent.

 2) Extension period between 1 and 3 years. 

Note: After five years from the date of conclusion of the contract, if the landlord does not pre-advise the tenant within the time agreed between both parties, higher than the legally established (30 days, there will be the so-called tacit lease renewal, an extension for three more annuities. The contract may continue to be extended tacitly, on an annual basis, once the aforementioned period has elapsed, for this purpose it will be necessary that no notice has been given to terminate the lease relationship by the owner of the house. 

3) In case the owner needs the property for his own use or for his first degree relatives: 

The landlord may refuse the forced extension during those first five years and / or the three of tacit renewal, if after the first year of the rental period, he needs the leased house to allocate it to permanent housing for himself or his relatives in the first degree of consanguinity or by adoption or for your spouse in cases of final judgment of separation, divorce or marriage annulment. You must inform the tenant in writing at least two months before the date you need the home.

 From 23rd of January 2019 continues the previous regulation, 3 years of legal permanence and 1 year of extension. 

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