With this we will try and answer the most important questions on the changes in Spanish rental law due to the emergency state and COVID19 crisis.
In what law can I find the measures concerning Spanish rental law?
With the Royal Decree 11/2020 from March 31st, the Spanish state took serious measures in regard to the Spanish rental law.
How long will these changes be in place?
These changes remain effective until they lift the emergency state.
To whom apply the measures in Spanish rental law?
The measures apply to “vulnerable” persons.
Who is considered to be a “vulnerable” person according to the Royal Decree 11/2020 from March 31st?
According to article 5 of said decree, a “vulnerable” person is a person, who either
AND the family income is less than 1.635,80 euro per month. This amount increases if you have children or other persons who depend on your care.
What measures have been decided?
The following measures have been decided:
Am I entitled to reduce my rent because of COVID19 measures?
If the following applies to you, you are entitled to the measures explained in the following question:
Can I reduce my rent or get a payment delay from my landlord?
In case, you fulfil the requirements , you can ask your landlord to
When is a landlord considered to be a large rental company?
This is the case if your landlord holds ten or more rentals (not counting parking spaces, storage units or units larger than 1.500 square meters).
What if my landlord is not a large rental company?
If your landlord is not a large rental company, meaning he owns less than ten rentals, you have also the right to ask him for the above mentioned measures, but it is up to him, whether or not he offers them to you.
What happens, if my landlord denies me rental reduction or payment delay?
However, if your landlord does not offer you any kind of reduction or payment delay, you might be entitled to receive state funds and financial aid to help pay your rent as long as you are considered a vulnerable person (see above).
How long do I have to get in contact with my landlord to ask for rent reduction or payment delay?
In any case, you have 3 months (counting from April 2nd) to officially ask your landlord for the above mentioned measures, i.e. till the end of April, and your landlord needs to respond within 7 working days.
Get in touch with your landlord as soon as possible!
Dr. Dominic John Patrick Porta, LL.M.
German & Spanish solicitor (Rechtsanwalt & Abogado)
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