What is the law applicable to contracts of urban leases?

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Depending on the date of signature, different versions of the law of leases apply.

  • The contracts concluded before 9 May 1985 if rigen for according to 1964 Transitional Provisions and 2nd, 3And 4th of LAU 1994.
  • Contracts between the 9 May 1985 and 31 December 1994 governed by RDL 2/1985 introduced freedom to transform homes and business premises can agree on the duration of the contract, abolishing compulsory forced extension, for according to 1964 and the first transitional provision of the LAU 1994.
  • The Urban Leases agreed between the 1 January 1995 and 5 June 2013 would be submitted to the Lau 1994 and a Transitional Provision 1 of the Law 3/2013. This arrangement allows the contracts signed before 6 June 2013, be amended by agreement of the parties to satisfy the provisions of the same.
  • The contracts from 6 June 2013 if rigen for according to 1994 as modified by Law 4/2013 easing measures and promotion of rental housing market.

In the principal residence leases, Article 4.1 the LAU provides that all leases within its scope, imperatively subjected to the provisions of Titles I and IV. The housing leases, are necessarily subject to the provisions of Title II, although some provisions of this title are not binding. If a resignation occurs at a law must be clear and unambiguous. Also, keep in mind that the rights granted to the lessee are imperatives waived, with the following hue: The tenant may not waive their rights early established as imperatives, but once born, have the freedom to exercise them or not.

It also applies to all leases (both housing and local) Tenth Additional Provision on prescribing.

In the leases for use other than housing, premium Liberty party, compliance with mandatory rules of Parts I and IV, and in default of agreement, Title III applies.

For the case that there is some aspect been regulated parts, as set out in Article 4 the LAU, it shall apply the Civil Code.

Keep in mind that in case that the lessor act as a pro, and the tenant is a consumer, shall apply RDL 1/2007 approving the revised text of the General Law for the Defence of Consumers and Users.

In anticipation of possible conflicts, Interestingly, the parties agree to the submission to arbitration of any differences that may arise, possibility under Article 4.5 the LAU. We should apply the Law 5/2012 mediation in civil law matters or 60/2003 arbitration. Given the time it takes to resolve the issues in court, this possibility should be considered.

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