スペインの家賃改正法律
Preguntas y respuestas sobre los cambios en la ley de alquileres
¿Puede echarme mi casero para que su hijo ocupe el piso? ¿Y si no puedo pagar? Los cambios en la ley despiertan dudas entre los que viven en una vivienda arrendada
Thiago Ferrer Morini Madrid 24 AGO 2012 - 16:56 CET
Questions and answers about the changes in the Rent Act
Can my landlord kick me out for your child to fill the floor? What if I can not pay? Changes in the law raised doubts among those living in rented accommodation
Thiago Ferrer Morini Madrid 24 AGO 2012 - 16:56 CET
The new law easing measures and Promoting Housing Rental Market, which the Cabinet has given the green light on Friday, includes a series of legislative changes designed to assuage the fear of many owners to rent their properties. The changes remove many of the rights that guaranteed the protection of tenants against landlords, which naturally has raised many questions among rental living.
■ What if I can not pay the rent? If your contract does not require him to pay any compensation, you can leave the floor with a notice period of one month (until now should be two). According to the Minister Ana Pastor, this is the measure that benefits: allows you to leave the house in case you no longer have as pay. If you still do not pay the monthly fee, things will remain as the last legal reform approved in October 2011: your home may go immediately to the judge, who will give a period of ten days to pay, or have to leave the floor its claims. The main change in the new law is not sufficient to pay the rent that is due to stall the proceedings. Another aim is to reduce the bureaucracy of the legal proceedings for the eviction takes effect in less time. So, instead of a decree of the court clerk simply judge's car. Furthermore, to be valid eviction sufficient that a judicial officer is present, instead of the two that were needed so far.■ I have a lease for three years ending December. I want to live in this house. Did I hurt the changes in the law? So far, all contracts for less than five years were automatically extended each year until a total of five years (the so-called forced extension) if terminated without the tenant to the landlord had communicated his intention to leave. After those five years, if neither the landlord nor the tenant had indicated its willingness to terminate the contract, this was again extended annually (the so-called tacit extension) to a maximum of three years. Under the new law, the forced extension is reduced from five to three years, while tacit renewal is reduced from three to one. So, if your agreement ends in December and the law is passed by then, your landlord may indicate their desire to terminate the contract. Your landlord may also check the value of the bond.■ two years I've been living in an apartment. My landlord lives abroad, but his daughter will start college in my city next year. Can my landlord kick me out of the floor? Yes So far, the landlord's right to recover the floor for residential purposes should be expressly stated in the contract. If it was not, the landlord must wait for him to finish the term of forced extension (five years) to ask him to leave. The new law will allow the owner to ask the floor at any time to use as home ownership or an immediate family member, with two months' notice.■ My landlord wants to sell the flat. Does the new law will force the new owner to keep the contract? As long as the car is registered in the Land Registry. So far, as a rule, the new owner must maintain the contract to meet the extended deadline forced (five years). Under the new law, if the contract was not entered in the Register, the new owner is entitled to recover the ground immediately. The registration of rents in the Land Registry has been, until now, a cumbersome and expensive process involving a notarized deed. The ministry has already announced its intention to cheapen and facilitate the procedure.■ I want to reform the kitchen of my rented apartment. Can I ask the owner to lower my monthly payment? In principle, yes. The Government has announced that the new law will allow the improvements made by the tenant to apply to the payment of rent.■ I am renting an apartment. To what extent the changes affect me in the law? The government wants to give freedom to home and tenant to sign the contract on the condition that most benefit both. So far, the annual review of rents should be made mandatory by reference year inflation. Under the new law, landlord and tenant may agree other review mechanisms. Moreover, so far, if the landlord put the property up for sale, the tenant had a right to take priority and essential to housing by the price at which it had been offered to a third party. The new law will allow the tenant to waive that right, "and get a lower rent for it," said the minister.
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