In the dynamic world of real estate leasing, tacit redirection is a concept of vital importance. For both landlords and tenants, this legal figure is often unknown or misinterpreted. Despite this, it is of great importance in the regulation of the contractual relationship that arises from the rental of a home or commercial premises.
Mastering this concept is essential for the parties involved in the rental contract. Therefore, at Proddigia, we go into detail about this key concept.
Definition and legal basis of the tacit redirection
The tacit renewal is defined as the automatic extension of a
rental contract that has ended, without the need for a new express agreement between the parties. This extension occurs when the tenant continues to occupy the home or commercial premises beyond the term agreed in the original contract and the landlord does not expressly express his opposition.
Legal basis
The legal basis for the tacit redirection is found in
article 1566 of the Civil Code , which states the following:
“
If at the end of the contract the lessee remains in the leased property for another fifteen days, without opposition from the lessor, the contract is understood to have been extended for one year.”
Differences between civil legislation and the Urban Leases Law:
It is important to highlight that the regulation of tacit redirection presents some differences between civil legislation and the Urban Leases Law (LAU):
Civil legislation
– Applies to any type of lease contract, regardless of the type of property (home or commercial premises).
– Establishes a legal extension of one year from the expiration of the original contract.
Urban Leasing Law:
On the one hand, it does not apply to housing lease contracts with a duration of more than five years and on the other, it regulates the legal extension based on the duration of the original contract:
– Contracts of up to five years: mandatory extension of one year.
– Contracts of more than five years: legal extension of seven years.
Conditions for the Tacit Redirection to operate
For the tacit renewal to occur and a completed rental contract to be automatically extended, certain conditions must be met:
1. Absence of express non-extension agreement:
The rental contract must not include a clause that expressly prohibits tacit redirection. If such a clause exists, this principle cannot be applied.
2. Permanence of the tenant in the property:
The tenant must continue occupying the home or commercial premises beyond the end of the contract. Simply keeping your belongings is not considered enough.
3. Lack of opposition from the landlord:
The landlord must not have communicated to the tenant his desire to recover possession of the property
before or during the 15 days following the expiration of the contract. If you do so, the tacit redirection is interrupted.
4. Payment of rent by the tenant:
The tenant must have made the rent payment corresponding to the new rental period. If you do not do so, it will not be considered tacit relocation and the landlord may initiate an eviction process.
Examples of situations in which tacit redirection can be applied:
1. The tenant continues to occupy the home after ending the contract without communication from the landlord.
2. The tenant pays the rent for the month following the expiration of the contract without the landlord’s objection.
3. The tenant and the landlord negotiate the renewal of the contract, but do not reach an agreement. If the tenant remains in the home for more than 15 days, the tacit relocation occurs.
It is important to remember that the tacit redirection only operates if all the aforementioned conditions are met. If any of them are not met, the automatic extension of the contract will not occur.
In case of doubts or conflictive situations, it is advisable to consult with a lawyer specialized in real estate law.
Duration and end of the new contract by Tácita Recontación
Article 1581 of the Civil Code establishes the duration of the new contract that arises by tacit renewal:
a) Contracts with annual income:
– The duration of the contract will be one year.
b) Contracts with monthly, weekly or daily rent:
– The duration of the contract will be for the same period as the one for which the rent was being paid.
Examples
– If the original contract was annual, the duration of the new contract by tacit renewal will be one year.
– The original contract was monthly, the duration of the new contract by tacit renewal will be one month.
– The conditions of the original contract were weekly, the duration of the new contract by tacit renewal will be one week.
– If the original contract was daily, the duration of the new contract by tacit renewal will be one day.
End of contract:
The new contract generated by tacit renewal can be terminated by any of the parties:
a) Landlord:
– You can communicate your desire to recover the home or commercial premises at least one month in advance of the end date of the new contract.
b) Lessee:
– You can communicate your desire to vacate the home or commercial premises at any time.
Obligations of the parties:
At the end of the new contract by tacit renewal, both parties have the following obligations:
a) Landlord:
– The deposit deposited at the beginning of the contract must be returned to the tenant, after checking the condition of the property.
b) Lessee:
– You must deliver the home or commercial premises in the same condition in which you received it, except for natural deterioration caused by use.
It is important to highlight that, in the event of a legal extension of the rental contract, the tacit renewal does not operate, since the extension is already regulated by law.
Effects on third parties in the tacit redirection
Article 1567 of the Civil Code establishes that, in the case of tacit renewal, the obligations granted by third parties for the security of the main contract cease.
This implies that the guarantees granted by guarantors or guarantors in the original contract do not extend to the new contract that arises by tacit renewal.
Consequences for third parties
●
Guarantees:
– They will not be liable for debts incurred by the tenant during the new contract.
– They can be released from their responsibility if they notify the lessor before the start of the tacit redirection.
●
Guarantors:
– They will not be liable for any damage or harm caused to the property during the new contract.
– They can extinguish their deposit if they communicate it to the landlord before the start of the tacit redirection.
Example
A rental contract with a duration of one year is guaranteed by a third party. At the end of the contract, the tenant continues to occupy the home without opposition from the landlord, producing the tacit renewal. In this case, the guarantor will not be liable for debts or damages caused during the new contract by tacit renewal.
Conclusion
As we have seen, it is essential to take into account that the tacit redirection has significant effects on the obligations of the parties and the guarantees granted by third parties. Therefore, it is advisable to obtain appropriate advice to fully understand its legal implications.
At Proddigia we understand the importance of mastering this concept and we offer specialized services in real estate law to provide comprehensive advice to our clients. If you want more information or legal assistance regarding rental contracts, do not hesitate to
contact us. We are here to help you navigate the complex legal aspects of leasing homes and commercial properties.
