Article 1 Scope of application
This Act establishes the legal regime applicable to the leases of urban properties intended for housing or uses other than housing.
Article 2 Leasing of housing
- A housing lease is a lease on a habitable building whose primary purpose is to satisfy the permanent housing need of the tenant.
- The rules governing the rental of housing shall also apply to furniture, storerooms, parking spaces and any other premises, rented spaces or services provided as accessories to the property by the landlord himself.
Article 3 Leasing for uses other than housing
- A lease for a use other than that of a dwelling is considered to be a lease which, falling on a building, has as its primary purpose a purpose other than that established in the previous article.
- In particular, this consideration shall apply to the leases of urban estates celebrated during the summer season or any other season, and to those celebrated for the exercise of an industrial, commercial, craft, professional, recreational, welfare, cultural or educational activity on the estate, regardless of the persons who celebrate them.
Article 4 Applicable regime
- The leases regulated in this Law shall be subject to the provisions of Titles I and IV of this Law and to the provisions of the following sections of this article.
- Respecting what is established in the previous section, housing leases shall be governed by the agreements, clauses and conditions determined by the will of the parties, within the framework of what is established in Title II of this law and, supplementarily, by the provisions of the Civil Code.
Exceptions to this provision shall be made for the rental of dwellings whose surface area exceeds 300 square metres or in which the initial annual computed rent exceeds 5.5 times the minimum annual computed interprofessional wage and the rental corresponds to the entire dwelling. These leases shall be governed by the will of the parties, failing that, by the provisions of Title II of this law and, supplementarily, by the provisions of the Civil Code.
Number 2 of article 4 drafted by paragraph one of article one of the first article of R.D.-law 7/2019, of 1 March, on urgent measures in the field of housing and rent (“B.O.E.” 5 March). Effective: March 6, 2019
- Without prejudice to the provisions of paragraph 1, leases for use other than housing are governed by the will of the parties, failing that, by the provisions of Title III of this Act and, supplementarily, by the provisions of the Civil Code.
- The exclusion of the application of the precepts of this law, when this is possible, must be done expressly with respect to each of them.
- The parties may agree to submit to mediation or arbitration those disputes which by their nature can be resolved through these forms of dispute resolution, in accordance with the provisions of the legislation regulating mediation in civil and commercial matters and arbitration.
- The parties may indicate an electronic address for the purposes of making the notifications provided for in this law, provided that the authenticity of the communication and its contents is guaranteed and there is a reliable record of the complete transmission and reception and of the time at which they were made.
Article 4 drafted by paragraph one of the first article of Law 4/2013, of 4 June, on measures to relax and promote the rental housing market (“B.O.E.” 5 June). Validity: 6 June 2013
Article 5 Excluded leases
They are excluded from the scope of application of this law:
a) The use of the dwellings that porters, guards, salaried employees and civil servants are assigned by reason of the position they hold or the service they render.
b) The use of military housing, whatever its qualification and regime, which shall be governed by the provisions of its specific legislation.
(c) Contracts in which, when a farm with a house-room is leased, the primary purpose of the lease is the agricultural, livestock or forestry use of the land. These contracts shall be governed by the provisions of the applicable legislation on rustic leases.
d) The use of university housing, when it has been expressly qualified as such by the University itself which owns or is responsible for it, which is assigned to the students enrolled in the corresponding University and to the teaching and administrative staff and services dependent on it, by reason of the link established between each of them and the respective University, which will be responsible in each case for establishing the rules to which its use will be subject.
e) The temporary cession of use of the totality of a furnished and equipped dwelling in conditions of immediate use, commercialized or promoted in tourist offer channels or by any other means of commercialization or promotion, and carried out with lucrative purpose, when it is subject to a specific regime, derived from its tourist sector regulations.