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News
Some of the illegal mechanisms that landlords use to reduce the duration of the rental contract (Part 2)
 01

  JUN

Some of the illegal mechanisms that landlords use to reduce the duration of the rental contract (Part 2)

The usufruct as an inappropriate figure to rent the houses

The LAU also allows the landlord of the dwellings, in addition to the owner, to also be the usufructuary. In article 13.2 of the LAU it says that the leases granted by usufructuaries will expire at the end of the landlord's right. This article seems to be designed for life usufructs, which is when upon the death of the usufructuary, their usufruct right and, therefore, also the tenancy right is extinguished.

The Law does not rule out its application to temporary usufructs, and it is in this way that the duration of the leases could be violated, provided that it was done in a generalized way by the same landlord in order to shorten the duration of these. In this way, article nine of the LAU would be mocking, by cutting tenants the duration of their leases, if the termination of the usufruct was prior to the minimum terms indicated.

Use the figure of unspoken redirection

Although this is a practice that can modulate the duration of the leases to the liking of the lessor, it must be said that it is a perfectly legal practice established in article 1566 of the Civil Code.

It happens when a lease ends, having exhausted all its extensions, and the tenant remains leased for fifteen days with the consent of the lessor, without having shown any opposition to the tenant's continuity. In this case, the lease is tacitly renewed for periods that coincide, depending on how the rent payment has been set in the contract, the usual thing is that it is set annually, so the landlords could renew leases annually until they are interested in terminating them.

Affecting the tenants expenses or taxes

It is also common to see contracts in which it is agreed, for example, that, from the third year of the lease, the tenant assumes the IBI or the Community expenses. The purpose of this agreement is that the tenants become more burdensome at a certain time and they voluntarily leave.

This is an illegal practice, which tenants can refuse to comply with, without affecting the lease.



Make the extensions of the contracts depend on the tenants having fulfilled their financial obligations

It is relatively common to find in contracts clauses such as: "... as long as the tenant is up to date in the payment of rents, the initial term will be automatically extended annually up to a maximum of five years or seven years in the case of legal persons lessors ”.

This is an illegal practice that does not affect the duration of the leases, because the Legislator, in the event of contractual breach by the tenants, has provided other complaint mechanisms that do not affect the duration of the leases.

Pacts contemporaneous with the signing of the leases to oblige the tenant to renounce their right of extension

A pact established in a lease agreement by which the tenant waived his right to a mandatory extension would be null and void for violating article 6 of the Urban Leasing Law, because at the time of signature, the right to extend the tenants still would not have been incorporated into their patrimony and therefore such resignation would not be valid.

Now, a waiver pact after the signing of the contract could be considered valid, so in these cases to see if said pact would be legal, it would be necessary to be at the intention of the parties, in order to verify if said pact To shorten the duration of the lease it was imposed, in this case it would be null, or it was not and was born from the autonomy of the will of the parties, in this case it could be a valid pact.
Diseñado por CRM Inmovilla

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