Article 1. Leases for use other than housing with large holders.
1. In the absence of an agreement between the parties for the temporary reduction of the rent or a moratorium on the payment thereof, the natural or legal person lessee a lease for use other than housing, in accordance with the provisions in Article 3 of Law 29/1994, of November 24, on Urban Leases, or Industry, which meets the requirements set forth in Article 3 of this Royal Decree-Law, may before January 31, 2021 request the lessor, when this is a company or public entity, or a large holder, understood as the natural or legal person who owns more than 10 urban properties, excluding garages and storage rooms, or a constructed area of more than 1,500 m2 , one of the following alternatives:
a) A reduction of 50 percent of the rental rent during the period of the state of alarm declared by Royal Decree 926/2020, of October 25, which declares the state of alarm to contain the spread of infections caused by SARS-CoV-2, and its extensions and may be extended to the following monthly payments, up to a maximum of four months.
b) A moratorium on the payment of the rental rent that will be applied during the period of time that the state of alarm declared by Royal Decree 926/2020, of October 25 and its extensions, lasts, and may be extended to the following monthly payments, up to a maximum of four months. Said rent will be deferred, without penalty or accrual of interest, from the next monthly rental rent to the end of the period indicated in section 3. The deferred payment of the rent may be made during a period of two years from the end of the moratorium, and always within the term over which the lease contract or any of its extensions continues, distributing the deferred amounts proportionally throughout the period.
2. In the cases in which the lease contract provides for the payment, in addition to the rental rent, of other expenses derived from maintenance or other services, and from which the lessee benefits, these common expenses will remain excluded from the measures provided for in the previous section.
3. The lessor will expressly communicate his decision to the lessee, within a maximum period of seven working days, from the time the lessee has made his request by reliable means. As of the next monthly rental at the end of that period, the measure chosen by the lessor from among those described in sections a and b of section 1, or, in the absence of express communication in time, the one requested by the tenant will be applied.
Article 2. Other leases for use other than housing.
1. The natural or legal person tenant of a lease for use other than housing in accordance with the provisions of article 3 of Law 29/1994, of November 24, or industry, whose lessor is different from the defined in article 1, and meets the requirements set forth in article 3, may request from the lessor, before January 31, 2021, the temporary and extraordinary postponement in the payment of 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 section, the parties may freely dispose of the bond provided for in article 36 of Law 29/1994, of November 24, which may be used for the total or partial payment of some or some monthly payments of the rental rent. In the event that it is fully or partially disposed of, the lessee must replace the amount of the deposit provided within a period of one year from the conclusion of the agreement or in the remaining term of the contract, in the event that this term was less than one year.
Article 3. Requirements for self-employed workers and tenant SMEs for the purposes of articles 1 and 2.
Self-employed workers and tenants of real estate for use other than housing may access the measures provided for in articles 1 and 2 when they meet the following requirements:
1. In the case of a rental contract for a property related to the economic activity carried out by the self-employed worker:
a) Be affiliated and registered, on the date of the declaration of the state of alarm by Royal Decree 926/2020, of October 25, in the Special Regime of the Social Security of Self-Employed or Self-Employed Workers or in the Special Regime of the Social Security of the Workers of the Sea or, in his case, in one of the substitute Mutualities of the RETA.
b) That their activity has been suspended as a result of the entry into force of Royal Decree 926/2020, of October 25, or by orders issued by the competent Authority and the competent Authorities delegated under the aforementioned royal decree.
c) In the event that your activity is not directly suspended as a result of the entry into force of Royal Decree 926/2020, of October 25, the reduction in billing for the calendar month prior to the one in which the deferral or reduction of rent by at least 75 percent, in relation to the average monthly billing of the quarter to which said month belongs referred to the previous year.
2. In the case of a property lease contract related to the economic activity carried out by an SME:
b) That their activity has been suspended as a result of the entry into force of Royal Decree 926/2020, of October 25, or by orders issued by the competent Authority and the competent Authorities delegated under the aforementioned royal decree.
c) In the event that your activity is not directly suspended by virtue of the provisions of Royal Decree 926/2020, of October 25, you must prove the reduction in your billing for the calendar month prior to which the postponement is requested or reduction in rent by at least 75 percent, in relation to the average monthly billing of the quarter to which said month belongs, referring to the previous year.
Article 4. Accreditation of requirements.
Compliance with the requirements established in the previous article will be accredited by the tenant before the lessor by presenting the following documentation:
a) The reduction in activity will be initially accredited by submitting a responsible statement in which, based on the accounting information and income and expenses, the reduction in monthly billing of at least 75 per cent is recorded. percent, in relation to the average monthly billing 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 in activity.
b) The suspension of activity will be accredited by means of a certificate issued by the State Tax Administration Agency or by the competent entity to process the extraordinary cessation of activity regulated in article 17 of Royal Decree 8/2020, of March 17, of Extraordinary urgent measures to face the economic and social impact of COVID-19, where appropriate, based on the declaration of cessation of activity declared by the interested party.
Article 6. Exclusion of the application of the measure to lessors involved in bankruptcy.
1. The provisions of article 1 shall not be applicable when the lessor is in bankruptcy or when, as a result of the application of the measures provided for in said article, the lessor is likely to be insolvent or insolvent imminent or current, in accordance with the provisions of Royal Legislative Decree 1/2020, of May 5, approving the revised text of the Bankruptcy Law
2. The lessor who intends the application of this article 6 must prove that he is in any of the situations provided for in it.