Majorca Property News

Mallorca Properties: Change the Spanish rental and rental process right (LAU)


Long-term rentals in Majorca are more and more popularity.
Not only residents in Majorca rent apartments, houses and chalets - more and more tourists and part time residents appreciate the long-term rental of fincas, villas and townhouses in Majorca as an attractive alternative to explore the island once before buying vacation property in Mallorca.

This paper deals with the current reform projects of the Spanish rental and Mietprozessrechts
( "Proyecto de Ley de medidas de fomento del alquiler de viviendas y la eficiencia energética de los edificios"), the
future care in the first instance for further procedural facilitation of evacuation procedures, but also the
Strengthen the rights of bona fide tenants want to boost the rental market so total. Also projects to improve
the energy efficiency of buildings to a reduction of the required majority for decisions of
Property owners will be encouraged.

The reform will also continue the recent policy packages to promote the tenancy sector: This includes measures such as certain Steuerbonifikationen / deductions of the rent in the income tax, the possibility of applying for "Housing for Young People" or allowances to tenants and property developers as a result of the adopted Plan Estatal de Vivienda y Rehabilitación 2009-2012 ".
Planned changes at a glance
Inter alia provided the following changes that will be shown here due to the variety of affected individual provisions but only übersichtsartig:
• The rental law (LAU), the system will be eased for those who rent housing the unilaterally binding lease renewals: An extension of the lease would be excluded in the future not only for personal use of the contractually prescribed landlord, but also its close relatives (eg parents and children). These are the landlord / relatives, but only 3 months available. Otherwise, it is the giving up of possession at the start of the renewed contract, and if necessary compensation prev. the tenant agrees.
• The Civil Procedure Code (LEC) will further facilitate the implementation of eviction proceedings etc. be anchored in the cases that are connected to the expiry of the contractual or statutory tenancy and the subsequent rapid evacuation, and serve the calls of outstanding rental payments. Thus the eviction case has come up a direct track for the implementation of execution is (date and time are fixed directly in the case), so no separate evacuation process must be pursued.
Also, all processes that are in
Connection with a sale or
missed rent on
are exclusively in the so-called oral
Procedure (juicio verbal) treated. At
Nonappearance of the defendant in
hearing to the evacuation
until one month after the court hearing
carried out under a prior
Notice of the defendant
Charge effect that can then be operated without the evacuation of a further communication (via posting on the court ruling clearing the table in terms of a notice) by public notification.
• The Spanish "grace period should be" (enervación), ie will be observed delay between complaints and request for payment of two previous letzmaliger reduced to one months.
• Also includes the case in claims for payment of outstanding rental payments in the future, including those rents arising from submission of the application to effective Wiederlangung the rental property we have (as a base the rent on the date the application was lodged).
• In the future, can now be addressed through the objective application clustering against the guarantor / guarantor, together with the payment and eviction actions unless previously fruitless prompted for payment.
• In the Spanish Condominium Act (LPH) is planned, the required majority of votes on the project) will improve the energy efficiency of a building on a 3/5-Mehrheit (within the meaning of a "double" majority of the votes and therefore rates of disparage owners. The declared aim of the reform project is to improve the safety of the landlord, while safeguarding the interests of tenants to increase supply on the rental market and provide for moderate prices. This will be achieved primarily through more effective and timely enforcement of Mietprozessen in conflicts in the hope of thereby strengthening the confidence of landlords and tenants in a viable rental market to. Consequently, it is assumed that, for example, excessive rental deposits will be reduced, in the form of inadequate guarantees.
In the long term, so the idea of the legislature to take care benefits in this for the tenants who would benefit from a general increase in supply of rental housing and a reasonable rent. The final reform bill, its implementation and the actual impact remains to be seen on the rental market. But now it must be positive, is that legislators are increasingly in the context of the characteristics of the Spanish rental market whose total economic impact will be aware, especially in times to take in which a cyclical revival of the condo market is certainly still some time.