The law proposed by Sumar, ERC, Bildu, Podemos and BNG to combat the fraudulent use of temporary rental and room rental contracts will be debated again this week in Congress, with some technical changes agreed by its promoters with Junts, which three years ago months unexpectedly prevented its processing.
On this occasion, The law has enough support to save the first vote in the plenary session, although it remains to be seen if all the parliamentary processing is completed, since the Ministry of Housing has committed to approving its own regulation by decree before the end of the year.
Fraud consists of making this type of contracts to avoid price limits and the protection of tenants that the Urban Leases Law (LAU) and the Law for the Right to Housing impose on rental contracts of habitual residence.
Thus, for example, while the LAU obliges the lessor to enter into contracts of five or seven years, during which the rental price cannot increase beyond inflationseasonal and room rates allow prices to be raised every six or nine months for tenants who live in that home stably.
The bill promoted by the left represents a reform of the LAU to include in its scope of application the temporary and room rentals.
The proposed text establishes, among other novelties, that if a temporary rental lasts more than nine months or links more than two consecutive contracts, the first It will be understood to be concluded as a rental contract habitual residence and the same precepts, deadlines and extensions may be applied to it.
He also emphasizes, in a additional provisionthat in the cases of the autonomous communities that have developed their own legislation in this matter, “it will be application of regional regulationsthus respecting the division of powers”, which guarantees the favorable vote of the PNV and Junts.
The legislative proposal, whose consideration is being debated this Tuesday, will also have the vote in favor of the PSOEsocialist sources have confirmed.
However, the Ministry of Housing is finalizing its temporary rental decree these days, with the intention that It will begin testing on January 2nd.
This will entail the obligation to digitally register all rental homes seasonal, tourist and rooms, with a code issued by the administration, which must be renewed every twelve months, the contracts made in that year must be presented and, if the renewal is denied, the administration will inform the real estate platforms to prohibit them from marketing that property.
From the ministry headed by Isabel Rodríguez, they maintain that this system, which will technologically connect in real time to homeowners, real estate platforms, property registrars, autonomous communities, local entities, communities of owners and the Government of the nation, represents a “very powerful fraud detection instrument” in this type of leases.
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