Are you a tenant or owner of an apartment in Barcelona with a long-term rental? In Barcelona, in addition to tourist or seasonal rentals, there are many homes with long-term contracts that generate rights and obligations for both parties. In this post we analyze the rights of long-term tenants.
The rights of long-term tenants are regulated by the Lease Law Urban(LAU). This law establishes a series of rules and protections that ensure the stability and security of the tenant in their home. Below, we explore the main rights in detail.
Minimum duration of the lease contract
According to the Urban Leasing Law, lease contracts have a minimum duration of 5 years if the landlord is a natural person, and 7 years if it is a legal entity. This means that the tenant has the right to remain in the home during this period, as long as he/she complies with his/her contractual obligations, above all, with the payment of the agreed rent.
Withdrawal from the contract
The tenant may withdraw from the contract when at least six months have passed since the beginning, if he notifies the landlord 30 days in advance. In this case, the payment of compensation of one month’s rent for each year missed could be agreed upon.
Contract extension
At the end of the initial period of five or seven years, the tenant has the right to an annual extension of the contract up to a maximum of three additional years. This applies automatically, unless the tenant notifies the landlord, at least thirty days in advance, of his intention not to renew the contract.
Income and income update
The initial rent is agreed between the landlord and the tenant, but rent updates during the term of the contract are regulated by the LAU. The annual update of the rent must be agreed in the contract, otherwise it cannot be applied. If a reference method has not been agreed upon, the Competitiveness Guarantee Index is applied and the increase cannot exceed the variation of the Consumer Price Index (CPI).
In addition to the above, the tenant will have the right to obtain a receipt for payment of the rent, unless said payment is made with means that prove compliance with the obligation.
Rental price limitation
If the home is located in a stressed residential market area, the rent agreed upon at the beginning of the new contract may not exceed the last rent. It can only be higher if rehabilitation or improvement works have been carried out.
In addition, the Housing Law has established a maximum percentage for rent updating of 3% by 2024.
Right to housing in habitable conditions
The landlord has the obligation to maintain the home in habitable conditions. This includes making all necessary repairs to keep the home in good condition, except those that are attributable to the tenant due to improper use.
In the event that the work lasts more than twenty days, the tenant will have the right to have the rent reduced in proportion to the part of the home that he cannot enjoy.
On the other hand, if the landlord carries out improvement works, he must notify the tenant three months in advance: the nature of the works, the start date, the duration and the cost .
Works of the tenant in case of disability
If the tenant or his or her spouse, or any person who lives with him, is disabled or over 70 years old, he or she may carry out work to adapt it to the home and must notify the landlord in writing.
Preferential acquisition right
If the rented home is sold, the tenant has the right of preferential acquisition, which is divided into two rights:
- – Right of first refusal. In this case, the lessor notifies the lessee of the purchase conditions (price and other elements) and will have 30 days from the application to exercise the right of first refusal. trial and purchase the home.
- – Right of withdrawal. In the event that the notification established in the previous section has not been made or any of the requirements have been omitted, the tenant may exercise the right of withdrawal and acquire the home.
Right to terminate the contract
In the event that the landlord fails to comply with his contractual obligations, the tenant may terminate the contract. Specifically, in the following cases:
- – Failure to carry out the necessary repairs to keep the home in habitable conditions.
- – The de facto or legal disturbance made by the landlord in the use of the home.
Right to subrogation in case of death of the tenant
If the tenant dies, they may be subrogated to the rental contract:
- – The tenant’s spouse who lived with him at the time of death.
- – The person who has lived with the tenant in a manner analogous to the spouse.
- – The descendants of the tenant who were under his parental authority or guardianship or who had lived with him for two years. prior to death.
- – The tenant’s siblings who have lived with him.
- – People other than the above who have a disability equal to or greater than 65% and a family relationship with the tenant.
Sublease and assignment of contract
The tenant cannot assign the contract without written consent of the landlord. If the latter gives his or her consent, the assignee will take the place of the lessee.
It is also not possible to sublet all or part of the home without the consent of the landlord. If consent is given, the sublease will terminate when the main lease does so and the agreed price may not exceed that agreed for the lease.
If the contract is assigned or the home is subleased without the landlord’s authorization, a breach will occur that may lead to the termination of the original contract by the homeowner.
Right to continue the lease in case of sale of the home
In the event that the rented home is sold, the buyer will be subrogated to all the rights and obligations of the lessor during the first 5 years of validity of the contract or 7 if it is a legal entity.
Right of the tenant’s ex-spouse to continue renting
If the annulment of the tenant’s marriage, judicial separation or divorce occurs, the spouse who is not a tenant may continue to use the home when attributed to him or her by civil legislation and will become the owner of the contract. . For this to be the case, you must notify the landlord within two months of being notified of the judicial relationship.
Right to be replaced in the use of the home or to be compensated
The Urban Lease Law regulates the possibility of including in the contract the need for the landlord to occupy the home to use it as housing for himself or his family. In the event that he exercises this right, but does not occupy the home after 3 months from the termination of the contract, the tenant will have the right to return to the home or receive compensation.
The rights of long-term tenants in Barcelona are clearly defined and protected by the Urban Leasing Law, and it is essential to know them. If you want to rent your home and need help: contact us.
