A Law of Urban Leases of only 35 days

Ley de Arrendamientos Urbanos

The shortest urban lease law in Spanish history

The reform mentioned in the previous post has been in force for only 35 days.

Royal Decree-law 21/2018, of 14 December, on urgent measures in the field of housing and rental has not been validated. The Congress of Deputies, on Tuesday, January 22, 2019, has annulled it, having voted against 243 deputies out of the 350 that the chamber has.

It is the shortest urban lease law in Spanish history, and maybe in the world history.

In our opinion, it’t not good news. The reform was not, of course, perfect. But perhaps the proof that it wasn’t the most effective is that it didn’t satisfy any of the two opposite extremes- neither the big landowners nor pro-housing activists.

The short life of this text still doesn’t solve the very serious problem of the short duration of the rental contracts in its reborn validity of 3 years. Nor is the shortage of affordable housing in certain cities and neighborhoods. We can’t ignore the fact that rents in Madrid and Barcelona have been increasing by more than 10% a year for years, and the rents available from families do so below inflation. It is obvious to any observer that the situation is not sustainable under any circumstances.

It is an essential pact for a fair situation in which the duration of contracts is reasonable, the rents are not extinguished with the sale of the floor, the real estate intermediation is paid by the person requesting the service in all cases, the requirement of guarantees is balanced for the parties, etc. But above all, what a landlord really needs to be able to rent safely is an effective administration of justice. Not a new law, but an administration of justice which effective. And that does not depend on the owners and tenants, but on the priorities of the public authorities when allocating interests and resources. It is enough that I apply to the administration of justice the same zeal and efficiency that has been applied in creating the telematic mechanisms, means and the power available to the Treasury General of the Social Security or the Tax Agency. Nothing else.

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