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Extraordinary extension in the leases of habitual residence

Jul 9, 2020 | Last news

Recently, an extraordinary extension has been established in the leases of habitual residence that end between 04/02/2020 and 09/30/2020. Despite this, this does not affect the lease of premises. This extension is included in article 2 of Royal Decree-Law 11/2020 and in the ninth final provision of Royal Decree-Law 26/2020 of July 7.

During what period can the extraordinary extension be requested?

It can be requested for those contracts that have their expected expiration between April 2 and September 30 (it is the period between the entry into force of Royal Decree-Law 11/2020 and the 9th final provision of Royal Decree-Law 26/2020).

It should be noted that this request for an extension is mandatory for the landlord and that for the duration of this exceptional extension, the tenant must continue to pay the rent.

What contracts does it affect?

It affects those contracts that end during this period and the lessee wishes to continue with the lease. For example:

In a lease agreement signed on August 1, 2017, the tenant could be up to three years at his will. Therefore, the contract would end on July 31, 2020. In this case, if the landlord had previously informed him that he should deliver the property on August 1, 2020, by virtue of the extraordinary extension, the tenant may communicate to the lessor who receives the extraordinary extension for a maximum period of 6 months, so the contract will end at the latest on January 31, 2021.

Conclusion

The extraordinary extension in the leases of habitual residence may be requested when the contract or any of the extensions provided for in articles 9 and 10 of the LAU ends during the period between April 2 and September 30, 2020.

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