The period of suspension of evictions and releases of vulnerable households is extended until June 30, 2023
Jan. 1 () –
Throughout 2023, the 2% limit will be maintained in the annual review of the rents of the rental contracts in force and the validity of those contracts that end before June 30 may be extended by six months, thus maintaining way the same conditions.
The royal decree-law approved by the Government to deal with the economic and social consequences of the war in Ukraine includes an extraordinary six-month extension of the validity of rental contracts that end before June 30, 2023, always at the request of the tenant. During those six months, the terms and conditions established for the current contract will continue to apply.
The landlord must accept the extension request unless other terms or conditions have been established by agreement between the parties or that the landlord has communicated in a timely manner that he needs the house to use it as permanent housing for himself or his relatives in the first degree of consanguinity. or by adoption, or for your spouse in the event of a final judgment of separation, divorce or marriage annulment.
The contract rent applicable during this extraordinary extension may not entail an increase greater than the annual variation of the Competitiveness Guarantee Index, which will be a maximum of 2%.
LIMITATION OF THE ANNUAL RENT UPDATING
Likewise, until December 31, 2023, the limitation of the annual update of the rent of housing lease contracts is maintained, which prevents increases of more than 2%, and the suspension of evictions and releases is extended until June 30. habitual residence for vulnerable individuals and families.
Thus, the lessee of a primary residence rental contract whose rent must be updated because the corresponding year of validity of said contract is fulfilled, may negotiate with the landlord the increase that will be applied in that annual rent update.
Of course, in the absence of an agreement, the rent of the contract cannot be updated above the variation experienced by the Competitiveness Guarantee Index, an index currently located at the maximum value of 2% and which, according to its own definition, This percentage cannot be exceeded in any case.
The amount of the increase to be applied to the contract rent will be that established in a new agreement between the landlord and the tenant. In the event that said new agreement is not reached between the parties, the increase in rent may not exceed in any case the aforementioned annual variation of the Competitiveness Guarantee Index as of the date of said update.
In addition, in the event that the landlord is a large holder, the agreement to be reached between the owner and the tenant may not entail an increase greater than the annual variation of the Competitiveness Guarantee Index, taking the corresponding month as the reference month for the update. to the last rate published on the contract update date, which cannot exceed 2%.
A large holder is understood to be a natural or legal person who owns more than ten urban properties for residential use or a constructed area of more than 1,500 square meters for residential use, excluding garages and storage rooms in any case.
SUSPENSION OF EVICTIONS AND RELEASES
In addition, several measures promoted in the latest royal decree-laws within the so-called ‘social shield’ in housing matters, approved due to the need to deal with the consequences of the Covid-19 pandemic, are extended until June 30, 2023. 19.
It is about extending until June 30, 2023 the protection measures that were approved for those vulnerable households that face eviction proceedings from their habitual residence, with the coordinated action of the judicial bodies and the competent social services, including those households affected by procedures to release their habitual residence, which are not derived from lease contracts, when there are dependent persons, victims of violence against women or dependent minors.
In the latter case, the possibility is established that the judge, after a weighted and proportional assessment of the specific case, has the power to suspend the launch, when the owners of these properties are individuals or legal entities that own more than 10 homes, requesting Inform the competent social services so that they can assess the situation of economic vulnerability and identify the measures to be applied to respond to said situation.
