After the approval of the royal decree of urgent measures in matter of rent, the owners of the properties do not already have a free bar at the time of request additional guarantees to the tenants in the contracts of five and seven years . Leases signed since march 6, 2019 may not include more than two monthly payments of guarantees - through a deposit or a bank guarantee - and the surety shall be limited to the rate corresponding to a month. In addition, if the lessor is a legal person, it shall bear the costs of real estate management and formalization of the contract.
The law also states that the deposit must be in cash and in an "amount equivalent to a monthly payment of rent" , although they may amount to two monthly payments when the lease is for use other than housing. On the other hand, the regulation adds that each time the lease is extended , the owner may request that the bail be increased, and in turn, the lessee may request that this amount may decrease.
however, from the Agency Negotiating on the Rent speak of a "legal vacuum" in the standard that makes it possible to "increase without limit these guarantees," in cases of contracts of long duration. "In those leases that are signed for periods initials of more than five or seven years, it would be perfectly possible to require tenants more economic guarantees of the that allows the decretro; you could even include in this group the leases that engage for one year extendable up to six," adds the general director of the Agency's Negotiating Rent, Ramón Left-handed.
"The compliance of another year would enable the owner to demand greater guarantees for the tenants and thus have covered better the risk of the rentals" (José Zurdo, director general of the Agency Negotiating on the Rent)
In this line, Lefty points out that increase the duration of the rental agreement could also benefit the arrrendadores : "The fulfillment of another year would enable the owner to demand greater guarantees for the tenants and thus have covered better the risk of the rents." Also, Left-handed pointing to a solution that also benefit the tenants: "The parties may agree that it would not have penalties higher for tenants in the event of withdrawal and that remain the same for leases of one year extendable up to five, where the tenants have the possibility not to extend the leases at their expiry year."
The parties may agree any type of guarantee for the fulfillment by the lessee of its obligations connected with lettings in addition to the bail in cash. In the case of rental housing, in contracts of up to five years in duration, or up to seven years if the landlord is a legal person, the value of this additional guarantee may not exceed two months rent.
on the other hand, with the new royal decree was extended to five years for the extension of the contract compared to the previous three and returned to the situation of 1994 to calculate increases based on the CPI. Despite all measures, the prices of this market have not stopped up, all this in a sector that its price has risen 50% on average in just five years.Updated Date: 15 September 2019, 12:01