The Council of Ministers today approved a royal decree-law of urgent measures of rental law in which are addressed, among other issues, an extension of the mandatory of contracts from three to five years and the tacit from one to three, as well as limiting to two months the deposit to be demanded or that the landlord is responsible for the costs of real estate management and formalization of the contract. All measures will take effect the day after their publication in the BOE and will not be retroactive.
The Minister of Development, José Luis Ábalos, has presented this rule that aims to respond to the “difficult situation that occurs in the rental market” in some large cities but has responded at the press conference that the Executive rules out measures of price intervention in the rental market.
The cost of real estate management and formalization of the contract shall be borne by the lessor, when the latter is a legal entity (a company or company), except for those expenses incurred at the direct initiative of the lessee.
Likewise, it facilitates the adoption of agreements between the owner and the tenant for the renovation or improvement of the house in the course of the same contract, without waiting, as until now, for it to end.
This royal decree-law modifies the law on horizontal property so that it is a majority of three-fifths of the owners of a building who decide to limit or reject the tourist flats in that building. Until now it must be unanimously, and the neighbours may force the owners of the tourist apartments to pay more community.
The Government gives more powers to the communities of neighbours to be able to limit and conditions the tourist rent in their buildings. Until now unanimity was required, but a majority of three-fifths of the neighbours is reduced to do so.
In this way, the requirements to exploit a home through platforms such as Airbnb or HomeAway become tougher, since until now unanimity was demanded in the vote. In addition, those who exploit tourist flats may be forced to significantly increase their rates to assume the new costs derived from the community. The new law establishes that the d councils where there is a housing for tourist rental may require its owner to assume up to 20% of the total expenses regardless of their quota.
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