スペインでの賃貸し住宅を促進する賃貸住宅促進法(Ley de Fomento del Alquiler)???
Los cambios en alquiler ¿servirán para mejorarlo y potenciarlo?
El desahucio exprés volverá a chocar con los atascos en el juzgado, según expertos consultados
La obligación de inscribir el contrato en el Registro de la Propiedad se rechaza
Acortar el plazo de prórroga de tres a cinco años podría ser perjudicial para el inquilino
Visite la nueva sección de Vivienda
Inmaculada de la Vega Madrid 6 JUN 2013 - 15:25 CET
Changes in rent? Serve to improve and enhance it?
Express Eviction will hit bottlenecks in court, according to experts consulted
The obligation to register the contract in the Land Registry is rejected
Shorten extension within three to five years could be detrimental to the tenant
Visit the new Housing section
Inmaculada de la Vega Madrid 6 JUN 2013 - 15:25 CET
How about the new Holiday Promotion Act to those trying from day to day with tenants and landlords? Its aim, says the text, is to give greater flexibility and freedom of the parties. Should start trembling the weakest, which is usually-but not always-the tenant?
The oft-repeated rent in Spain deficit, especially social, has been one of the elements that have helped the overproduction of housing bubble that has Spain economically prostrate. Is this the opportunity to homologarnos to other developed countries? And also the opportunity to put on the market empty houses and to professionalize the sector?
Most respondents openly criticize and praise the virtues of the Law of Urban Leases (LAU) 1994 who comes to change. They also criticize the decree called Boyer. Eliminated the forced extension and opened the door to temporary contracts. Not so Daniel Loscertales, an expert in this area and president of the legal publishing Sepin, "got 500,000 contracts were signed within one year, half of which are still in force." He argues that the new law will be more rent, more competition and lower prices. Is it so? [
The lawyer Pedro Hernandez is far from defending the new Law 4/2013 on Measures for Promoting Flexibility and Rental Housing Market, which takes effect today. This maintains that after 10 days the tenant has stopped paying rent, the court clerk may issue the release, if the defaulter does not appear to allege any reason or pay.
It's called the Express eviction. "Right now the BOE talk express eviction can be complicated, but mostly not credible," says Hernandez. His experience is that, especially in large cities, the courts are clogged and may be months before it is accepted for processing a claim and start counting those 10 days.
Daniel Loscertales-yes new normal values in this field highlights that the new law amends the Civil Procedure Act. And to facilitate the procedure, transfers some of the powers of the judge to the clerk of the court which, in its view, brings a positive note: the secretary directly fixed release date, without the landlord have to apply once the trial . Something different is that this streamlining will face more or less the saturation of the courts.
Another shift is the change of time. In the new lease, the contract extension or renewal passed mandatory five to three years. And if there is no communication on the part of landlords and tenants with at least 30 days will be automatically extended for another year, not three as was so far in the LAU, until now in force.
"The downgrade to three years introduces instability to the tenant. Already LAU considered as within the five years as the minimum for stability who lives leased" protests Pedro Hernandez.
One of the most striking is that after the first six months of the contract the tenant to leave the property, warning with 30 days notice, without compensation, unless it has been agreed. Who makes you insecure, in this case, is the owner that may depend on that income, which is common in these times when the owner can rely on this to survive or afford to pay the mortgage.
The counterpart to the owner is that, warning two months before housing can recover if needed for use or that of a family member. The ball to bounce back against the tenant, according to some experts.
On these measures opinions are divided, however, on the registration in the Land Registry of the contracts, the standard achieved almost unanimous rejection.
The law gives six months to regulate this issue and talks about modifying notary and registry. It is supposed to reduce them.
Having registered the contract is the only possibility, if the homeowner sells the home or losing it by defaulting mortgage, the tenant will not have to leave the house for three months and can continue, as heretofore, pending finalization of the years of the contract.
By fetch some virtue, would not it be a way that rents in black disappear? Hernandez refuses. "Hacienda has it easy because the tenant be liberalized and the income statement have to put the cadastral reference, allowing to locate the owner does not declare the rent".
Those who know the rental market in the first person believe that such registration unnecessarily complicated and expensive and some even called it a legal blunder.
Another novelty-according to the majority of the experts consulted, should be set-is not possible to agree with the owner paying the improvement works and recoup suspending the payment of rent.
It may be a good factory of lawsuits because if the tenant does not comply the agreement, the landlord can throw, but who says that you agree that the work done was agreed or not? Best abstain.
Another novelty LAU after recognizing the rights of the partner or spouse of subrogation, is that after a separation or divorce that stays in the house continues with the same contract, no extension of time.
Loscertales clarifies one of the articles that have led to confusion. It has been interpreted that individuals could not continue renting their homes temporarily and that such activity would be regulated by the autonomies.
A consultant specializing in property market and based in Germany, Jose Maria Morillo, of Espassion, the question raised is worrying for those looking to buy property in Spain with the expectation of rent until the dwelling. "Thankfully now the European nonresident finally be able to deduct expenses on your income tax," he says.
Loscertales Tenancies author of several books, clarifies that individuals may continue to temporarily renting their homes as before.
State law refers to the regional housing if qualified and registered officially as tourism in regional records.
Indeed, the Association of Property Administrators of Madrid calling for more clarification and uncertainties complaint about it.
For the architect Mar Sanz Llorente, a consultancy Pavisa, "the law is unclear and fuzzy. Seems to liberalize everything, but tenants are left completely unprotected." And ask for "less law and tax benefits regardless of age, and social rental. And regulate prices, as is done in some EU countries, so they go to market and Real Estate, for example those in Sareb hands, do not deteriorate. "
It seems that the revitalization of the rent is not so much regulate leases as at the Justice Ministry over dowry through the courts or seeking an alternative way to provide security for homeowners to default. And encourage alternative social rental fleet. And in finance, tax favoring further leasing. Currently allows tax deductible between 60% and 100
Advice to tenant
Fernando Veiga, a lawyer and expert in leases, is defending one of the parties in the rental, as counsel to the Official House Tenants Madrid. In general, those who come to his office to ask cross under very difficult situations. Much are elderly, with a very low pension and young people with financial difficulties.
Rejects the content and spirit of the new law. "That was three years have to renegotiate a new contract represents tenants face possible increases in income that may not meet".
The newly released standard makes the increase in the CPI ceases to be a reference to review the income ceiling. "This will generate higher prices, more and more contentious issues," he warned.
He explained that his experience is that legal material "we went from cold to hot, from the standard 1964 leases Boyer passed the decree, which was the first blow against the tenant, and the LAU in 1994, it concluded. Apparently asked the House but the truth is that the standard had to be qualified and reinterpreted with statements that have been, at times, contradictory.'re not thoughtful cyclical laws that apply and are created at full speed to meet current needs, "complains .
Deprotection of the tenant that the law 4/2013 will aggravate is reflected in the situations he deals daily, such as wealthy owner who claims for his own use very modest housing in a degraded area, leaving the street to an elderly couple. This is an example of a case of necessity can be documented false but fraudulent. He also faces harassment ruins caused and tenants, especially when seniors to force them to leave the house, and supposedly investing companies that impose draconian conditions and maintain the property under conditions that do not respond to those laid down in the contract.
Tenants need, in his opinion, "expert advice as we take from the Chamber." The problem is that this ancient institution lacks the means and does not have any support despite its social function.
Moreover, also criticize the Law 4/2013 on Rental Insurance. They explain that "will do nothing to solve the problems of the rental market, but, on the contrary, the tenant left unprotected, will facilitate the eviction will megaexprés and also publishing a blacklist of defaulting."
They refer to the creation of the record of default final judgments which refer to the name of the future tenant, however, to the CEO of Legal Action. Juan Muñoz, has a value of preventive and also invite the tenant to pay more effort. For it is complementary to the existing private records.
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