Extract RD 11/2020 of March 31, 2020

In the contracts for the lease of habitual residence subject to Law 29/1994, of November 24, on Urban Leases, in which, within the period from the entry into force of this royal decree-law until the day in which two months have elapsed since the end of the state of alarm for the management of the health crisis situation caused by the COVID-19, the period of mandatory extension provided for in article 9.1 or the period of tacit extension provided for in article 10.1, both articles of the aforementioned Law 29/1994, of November 24, on Urban Leases, may be applied, upon request of the lessee, an extraordinary extension of the term of the lease for a maximum period of six months, during which The terms and conditions established for the current contract will continue to apply. This request for extraordinary extension must be accepted by the lessor, unless other terms or conditions are set by agreement between the parties.

Measures are established to procure the moratorium of the rental debt for tenants of habitual residence in a situation of economic vulnerability due to COVID-19, from this article to article 9, both included.

1. The person who is the lessee of a habitual residence contract subscribed under Law 29/1994, of November 24, on Urban Leases, who is in a situation of economic vulnerability, as defined in the following article, may request from the lessor when this is a company or public housing entity or a large holder, understanding as such the natural or legal person who owns more than ten urban properties, excluding garages and storage rooms, or a constructed area of ​​more than 1,500 m2 , within a month from the entry into force of this royal decree-law, the temporary and extraordinary postponement in the payment of the rent, provided that said postponement or the total or partial cancellation of the same had not already been achieved with voluntary by agreement between both parties.

2. In the event that the agreement has not been produced, the lessor will expressly notify the lessee, within a maximum period of 7 working days, of his decision, chosen from the following alternatives:

a) A 50% reduction in rental income during the duration of the state of alarm decreed by the Government and the following monthly payments if that period is insufficient in relation to the situation of vulnerability caused by COVID-19, with a maximum in any case of four months.

b) A moratorium on the rental rent that will be applied automatically and that will affect the period of time that the state of alarm decreed by the Government lasts and the following monthly payments, extendable one by one , if that period were insufficient in relation to the situation of vulnerability caused by COVID-19, without the four months being exceeded, in any case. Said rent will be deferred, starting from the next monthly rent, by dividing the installments for at least three years, which will be counted from the moment the aforementioned situation is exceeded, or from the end of the term of the four months previously mentioned, and always within the term during which the term of the lease or any of its extensions continues. The lessee will not have any type of penalty and the deferred amounts will be returned to the lessor without interest.

3. The provisions of the two previous sections will be applicable to all leases corresponding to the Social Housing Fund derived from Royal Decree-Law 27/2012 of November 15, on urgent measures to strengthen the protection of mortgage debtors.

4. The lessee may have access to the transitional financing aid program regulated by article 9, lifting the moratorium on the payment of the rental rent regulated by this article and the consequent fractionation of the pre-established installments, in the first monthly rent in the That such financing is available to the person obligated to pay it.

1. The assumptions of economic vulnerability as a consequence of the health emergency caused by the COVID-19 will require the joint concurrence, for the purposes of obtaining moratoriums or aid in relation to the rental income of the habitual residence, of the following requirements:

a) That the person who is obliged to pay the rental income becomes unemployed, Temporary File of Employment Regulation (ERTE), or has reduced his working day due to care, in If you are an entrepreneur, or other similar circumstances that suppose a substantial loss of income, not reaching the total income of the members of the family unit, in the month prior to the request for the moratorium:

I. In general, the limit of three times the monthly Multiple Effects Public Income Indicator (hereinafter IPREM).

II. This limit will be increased by 0.1 times the IPREM for each dependent child in the family unit. The applicable increase per dependent child will be 0.15 times the IPREM for each child in the case of a single-parent family unit.

III. This limit will be increased by 0.1 times the IPREM for each person over 65 years of age who is a member of the family unit.

IV. In the event that any of the members of the family unit has a declared disability greater than 33 percent, a situation of dependency or illness that renders him permanently incapacitated to carry out a work activity, the limit established in subsection i) will be four times the IPREM, notwithstanding the accumulated increases per dependent child.

V. In the event that the person obliged to pay the rent is a person with cerebral palsy, mental illness, or an intellectual disability, with a recognized degree of disability equal to or greater than 33 percent, or a person with a physical or sensory disability, with a recognized degree of disability equal to or greater than 65 percent, as well as in cases of serious illness that renders the person or their caregiver incapable of carrying out a work activity, the limit established in subparagraph i) will be five times the IPREM.

b) That the rental income, plus basic expenses and supplies, is greater than or equal to 35 percent of the net income received by all the members of the family unit. For these purposes, "basic expenses and supplies" shall mean the amount of the cost of supplies of electricity, gas, diesel for heating, running water, fixed and mobile telecommunication services, and possible contributions to the community of owners , all of them of the habitual residence that corresponds to satisfy the lessee.

2. For the purposes of the provisions of this article, the family unit shall be understood to be that made up of the person who owes the rental income, his or her legally separated spouse or registered partner, and the children, regardless of age, residing in the dwelling. , including those linked by a relationship of guardianship, guardianship or foster care and their non-legally separated spouse or registered domestic partner, residing in the home.

3. The assumptions of economic vulnerability as a consequence of the health emergency caused by the COVID-19 will not be understood to occur in order to obtain moratoriums or aid in relation to the rental income of the habitual residence when the lessee or any of the people who They make up the family unit that is the owner or beneficial owner of a home in Spain. These circumstances will be considered not to exist when the right falls only on an aliquot part of it and has been obtained by inheritance or by transmission mortis causa without testament. Also exempt from this requirement are those who, being the owners of a dwelling, prove their unavailability due to separation or divorce, for any other reason beyond their control or when the dwelling is inaccessible due to the owner's disability. or one of the people who make up the coexistence unit.

1. The concurrence of the circumstances referred to in article 5 shall be accredited by the lessee to the lessor by presenting the following documents:

a) In the event of a legal unemployment situation, by means of a certificate issued by the entity that manages benefits, showing the monthly amount received as unemployment benefits or subsidies.

b) In the event of cessation of self-employment, by means of a certificate issued by the State Agency for Tax Administration or the competent body of the Autonomous Community, where appropriate, based on the declaration of cessation of activity declared by the interested party.

c) Number of people living in the habitual residence:

I. i. Family book or document confirming a domestic partnership.

II. ii. Registration certificate relating to people registered in the home, with reference to the time of presentation of the supporting documents and to the previous six months.

III. iii. Declaration of disability, dependency or permanent incapacity to carry out a work activity.

d) Ownership of property: simple note from the index service of the Property Registry of all members of the family unit.

e) Responsible declaration of the debtor or debtors regarding compliance with the requirements required to be considered without sufficient financial resources according to this royal decree-law.

2. If the applicant for the moratorium is unable to provide any of the documents required in letters a) to d) of the previous section, he may substitute it by means of a responsible declaration that includes the express justification of the reasons, related to the consequences of the COVID crisis- 19, which prevent such contribution. After the end of the state of alarm and its extensions, you will have a period of one month to provide the documents that you would not have provided.

1. The person or persons who have benefited from a moratorium on the rental debt of their habitual residence and / or public aid to attend to the payment of the same without meeting the requirements provided in article 5, will be responsible for the damages and losses that they may have occurred, as well as all the expenses generated by the application of these exceptional measures, without prejudice to the responsibilities of another order to which the conduct of the same could give rise.

2. The amount of damages and expenses may not be less than the benefit unduly obtained by the lessee by the application of the rule, which will incur liability, also, in the cases in which, voluntarily and deliberately, it seeks to locate or keep in the cases of economic vulnerability in order to obtain the application of the measures regulated by this royal decree-law.

1. The lessee of a habitual residence contract subscribed under Law 29/1994, of November 24, on Urban Leases who is in a situation of economic vulnerability, as defined in article 5, may request from the lessor, when this is not one of those included in article 4, within one month from the entry into force of this Royal Decree Law and in the terms set forth in sections 2 to 4 below, the temporary and extraordinary postponement in the payment of the rent, provided that said postponement or the total or partial cancellation of the same had not been previously agreed between both parties on a voluntary basis.

2. Once the request is received, the lessor will communicate to the lessee, within a maximum period of 7 working days, the conditions of deferment or deferred fractionation of the debt that it accepts or, failing that, the possible alternatives that it raises in relation to the same.

3. If the leasing natural person does not accept any agreement on the deferment and, in any case, when the lessee is in the situation of unsuitable vulnerability referred to in article 5, he or she may have access to the program of temporary financing aids regulated by the next article.

1. In order to provide financial coverage to meet housing costs by households in situations of social and economic vulnerability as a consequence of the expansion of COVID-19, the Ministry of Transport, Mobility and Urban Agenda is authorized so that, by means of an agreement with the Official Credit Institute, for a period of up to fourteen years, a line of guarantees with full coverage of the State is developed, so that banking entities can offer transitory financing aid to people who are in the aforementioned situation of vulnerability, with a repayment period of up to six years, exceptionally renewable for another four and without, in any case, accruing any type of expenses and interests for the applicant.

2. The transitional financing grants will be finalists, and must be dedicated to the payment of the rent of the housing lease and may cover a maximum amount of six monthly payments.

3. These temporary financing grants will be accessible to all tenants who are in a situation of vulnerable vulnerability as a result of the expansion of COVID-19, in accordance with the criteria and requirements defined through an Order of the Ministry of Transport, Mobility and Urban Agenda, which will include in all cases, and as a minimum, the situations defined in article 5 of this royal decree-law. This Order will not require further regulatory development for its application and will comply in any case with the European Union regulations on State aid.

1. By Order of the Ministry of Transport, Mobility and Urban Agenda will be incorporated into the State Housing Plan 2018-2021 regulated in Royal Decree 106/2018, of March 9, a new program of rental aid, called "Program of aid to contribute to minimize the economic and social impact of COVID-19 on the rents of habitual residence ».

2. The purpose of this program will be to grant rental aids, through direct award, to tenants of habitual residence who, as a consequence of the economic and social impact of COVID-19, have transitory problems to attend to the partial or total payment of rent and fit in the assumptions of economic and social vulnerability that are defined and that will include in any case, and as a minimum, the situations defined in article 5 of this royal decree-law.

Thus and without undermining other actions, this program will aim to face the difficulty in repaying those transitory financing aids contracted by vulnerable households that have not recovered from their situation of unexpected vulnerability as a consequence of the COVID-19 crisis and that, therefore, they cannot face the repayment of said loans.

3. Individuals who, in their capacity as tenants of habitual residence fit into the assumptions of supervening economic and social vulnerability referred to in the previous section, may present the aid of this program, presenting transitory problems to attend to the partial or total payment of the rent.

4. The amount of this aid will be up to 900 euros per month and up to 100% of the rental income or, where appropriate, up to 100% of the principal and interest of the loan that has been subscribed with which the payment of the rent of the habitual residence. The exact bodies of each Autonomous Community and the Cities of Ceuta and Melilla will determine the exact amount of these grants, within the limits established for this program. For these purposes, they may attach a report from the corresponding regional or local social services, in which the exceptional and supervening circumstances of the beneficiary as a consequence of the economic and social impact of COVID-19 are addressed and assessed.