The Spanish government approved December 27, 2022, a series of measures to deal with the economic and social consequences of the war in Ukraine. The decree presents 3 main measures; A. Extension of rental contracts, B. The limitation of the annual rent update to the 2% limit and C. The suspension of evictions for vulnerable households without housing alternatives. All of them slightly improve the position of tenants, but it is necessary to know how to use them to take full advantage of them, let’s see how!

Measure A. Extension of rental contracts:

This measure comes to recover the previous extraordinary extension, which affected contracts signed between April 2, 2020, and February 28, 2022. Now it will also cover contracts expiring between December 27, 2022, and June 30, 2023. This is valid whether what ends is the minimum duration of the contract, the tacit extension, or if the contract is in tacit renewal. As the Urban Leases Law has undergone numerous modifications, we suggest you click on the signing period of your contract:

Before December 18, 2018

Minimum duration of 3 years, 1 year extension.

You can only benefit from the new decree if the owner has signed a contract for a longer period than the mandatory period (which is rare), if both parties have signed a voluntary extension of the contract or if the contract is tacitly renewed. Let us take an example:

Contract that was signed on 1 February 2017, for a duration of 3 years, is extended for an additional year, until 1 February 2021 and, on that date, an additional extension of two years is agreed by the landlord and the tenant, until 1 February 2023. We may request an extraordinary extension that extends the contract until 1 August 2023.

Between December 19, 2018 and January 24, 2019

Minimum duration of 5 years if the owner is a natural person or 7 years if the owner is a legal entity, and a 3-year extension.

In this case, the measure does not affect you, as your contract will last at least until 19 December 2023, and will be outside the scope of application of this decree.

Between January 25, 2019 and March 6, 2019

Minimum duration of 3 years and 1 year extension.

Contracts signed in this period are the most favoured by this measure!

If the contract was extended for a further 1 year, the completion of the 4 years would result in the termination of the contract between 25 January and 6 March 2023, so you could apply for the 6-month extension. Let’s take an example:

The contract was signed on 6 February 2019, and with the extension it will expire next 6 February 2023. With the request for an extraordinary extension, the contract would be extended until 6 August 2023.

From March 7, 2019 to the present

Minimum duration of 5 years and extension of 3 years.

The measure does not affect you, as these contracts will not start to expire until 7 March 2024.

For this extension to apply, we must request it to the lessor, through some written means that allows us to prove the request. Although the sending of an e-mail can be valid for such purpose, it is always preferable to send a Certified Burofax with Acknowledgement of Receipt (we attach model) that, despite being a little more expensive, gives us the full security that the landlord has been notified correctly. We leave you a model of Burofax so that you use it in your request.

 

Measure B. The limitation of the annual update of the rent to the limit of 2%:

The Competitiveness Guarantee Index (IGC) is maintained, temporarily, as a reference for all leases, assuming a 2% limit to the annual updates that landlords can make, whether they are large tenants (more than ten properties), or small landlords.»].
Therefore, if the landlord wants to apply the rent update to you, he must communicate it to you in writing and, in that case, you will have to watch that this increase is not higher than 2%:
– If you were paying 600 euros, they cannot raise you more than 12 EUROS.
– If you were paying 1000 euros, they cannot raise you more than 20 EUROS.
Do you know what the GCR (Competitiveness Guarantee Index) is?

 

Measure C. Suspension of evictions for vulnerable households without housing alternatives:

The previous situation is maintained, in which the suspension of the eviction can be urged whether the landlord is a large landlord or small landlord, provided that the tenant accredits a supervening situation of unemployment, or has reduced his working day for care reasons, in the case of being an employer, or has suffered other circumstances that entail a substantial loss of income.

Therefore, we are before a simple extension of a measure created for the extraordinary situation of the pandemic, although it can be useful if, suddenly, we find ourselves in any of the described situations.

Requirements:

Economic vulnerability is accredited with the joint fulfillment of the following requirements:

  • Not having an income of more than THREE times the IPREM. For 2023: 600×3=1800 euros per month..
IPREM 2023 0 hijo/Mayor de 65 años a cargo (x3) 1 hijo/Mayor de 65 años a cargo (x3’1)

2 hijos/mayor de 65 años a cargo (x3’2)

1 hijo en familia monoparental (x3’15)

1 hijo con discapacidad>33% dependencia/enfermedad (x4)

600 1800 1860 1920 1890 7200
  • The rental income, plus basic expenses and supplies, must be greater than or equal to 35% of the net income received by all the members of the family unit. Let’s take an example: A couple with a total monthly income of 2000 euros who pays a monthly rent of 700 euros or more.

  • They do not have another home, unless the right only applies to part of it and it has been obtained by inheritance, or the home is not available due to separation or divorce or any other cause beyond their control, or when the home is inaccessible due to the disability of the owner or any of the members of the cohabitation unit..

Documentation

a) In the case of legal unemployment, using a certificate issued by the entity managing the benefits, showing the monthly amount received in unemployment benefits or allowances.

b) In the case of cessation of activity of self-employed workers, using a certificate issued by the State Tax Administration Agency or the competent body of the Autonomous Community, where applicable, based on the declaration of cessation of activity declared by the interested party.

c) Number of persons living in the usual dwelling.

  • Family record book or document accrediting unmarried partnership.
  • Certificate of census registration for the persons registered in the dwelling, regarding the time of presentation of the accrediting documents and the previous six months.
  • Declaration of disability, dependency, or permanent incapacity to carry out an employment activity.

d) Ownership of the property: a simple note from the index service of the Land Registry of all the members of the family unit.

e) Statement from the debtor or debtors regarding compliance with the requirements to be considered without sufficient economic resources according to this Royal Decree-Law.

 

If you still have any doubts, you can contact our legal team through e-mail at info@oasiurba.org or by telephone at 934998696.