Leases for uses of housing and uses other than housing

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MEASURES TO REDUCE THE COSTS OF SMEs AND THE SELF-EMPLOYED (RDL 15/2020)

Article 1. Leases for use other than housing with large holders:

  1. The natural or legal person who is the lessee of a lease for use other than housing in accordance with the provisions of article 3 of Law 29/1994, of November 24, on Urban Leases, or industry, that meet the requirements provided for in article 3, may request from the lessor, when this is a company or public housing entity, or a large holder, understood by such natural or legal person to be the owner of more than 10 urban properties, excluding garages and storage rooms , or a constructed area of ​​more than 1,500 m², within one ms from the entry into force of this royal decree-law, the moratorium established in section 2 of this article, which must be accepted by the lessor provided that an agreement between the two parties for a moratorium or reduction of income had already been reached.
  2. The moratorium on the payment of the rental rent, will be applied automatically and will affect the period of time that the state of alarm lasts and its extensions and the following monthly payments, extendable one by one, if that period is insufficient in relation to the impact caused by COVID-19, without being able to exceed, in any case, the four months. Said rent will be deferred, without penalty or accrual of interest, by dividing the installments within two years.

Article 2. Other leases for use other than housing

  1. The lessee natural or legal person whose lessor is different from those defined in article 1.1, and meets the requirements provided in article 3, may request from the lessor, within one month, from the entry into force of this Royal Decree-law the temporary and extraordinary postponement in the payment of the rent provided that said postponement or a reduction of the rent had not been agreed by both parties on a voluntary basis.
  2. Exclusively within the framework of the agreement referred to in the previous sections, the parties may freely dispose of the deposit, which may be used for the total or partial payment of one or more monthly payments of the rental income.

Article 3. Self-employed and SME tenants for the purposes of article 1 and article 2

The self-employed and SME tenants may access the measures provided for in articles 1 and 2 of this royal decree-law when they meet the following requirements:

  1. In the case of a lease of a property affected by the economic activity carried out by the self-employed:

    a) Be affiliated and registered, on the date of the declaration of the state of alarm by Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the crisis situation health caused by COVID-19.

    b) That its activity has been suspended as a consequence of the entry into force of Royal Decree 463/2020, of March 14.

    c) In the event that its activity is not directly suspended as a result of the entry into force of Royal Decree 463/2020, of March 14, the reduction in billing for the calendar month prior to the one requested by the postponement by at least 75 percent.

  2. In the case of a property lease agreement affecting the economic activity carried out by an SME:

    a) That its activity has been suspended as a consequence of the entry into force of Royal Decree 463/2020, of March 14

    b) In the event that your activity is not directly suspended by virtue of the provisions of Royal Decree 463/2020, of March 14, you must prove the reduction in your turnover for the calendar month prior to which the postponement is requested. at least 75 percent.

Article 4. Accreditation of requirements.

It will be accredited by the lessee before the lessor by presenting the following documentation:

  1. The reduction in activity will be initially accredited by means of the presentation of a responsible declaration in which, based on accounting information and income and expenses, the reduction in monthly invoicing is recorded at least 75 percent in relation to the average monthly turnover of the same quarter of the previous year. In any case, when the lessor requires it, the lessee will have to show his accounting books to the lessor to prove the reduction of the activity.
  2. The suspension of activity will be accredited by a certificate issued by the State Agency for Tax Administration or the competent body of the Autonomous Community.

Article 5. Consequences of the improper application of the temporary and extraordinary postponement in the payment of the rent.

The tenants who have benefited from the temporary and extraordinary deferment in the payment of the rent without meeting the requirements established in article 3, will be responsible for the damages that may have occurred, as well as all the expenses generated by the application of these exceptional measures, without prejudice to the responsibilities of another order to which the conduct of the same could give rise.