Guarantees in Spanish Commercial Leases: What to Consider?
The LAU does not impose restrictions on additional guarantees in commercial leases in Spain, thus allowing the parties to negotiate the terms on a personalized basis.
Confirmatory, penal and penitential deposits, what is best for me?
In Spain, it is usual to sign an earnest money contract or “contrato de arras” as part of any real estate transaction. The figure of the arras or depostis, confirmatory, penal and penitential give legal security to the deal and reflect different levels of commitment.
Limitations and prohibitions on the operation of holiday tourist rentals in Spain
The operation of holiday tourist rentals in Spain requires careful consideration of the existing restrictions. Public authorities, especially the Autonomous Communities and Town councils, and the communities of owners can impose obligations, limitations and prohibitions on these activities.
Real estate investment models in Spain, the rental boom
Although ownership has traditionally been the predominant form of housing tenure in Spain, the demand for rental accommodation is rapidly growing, giving rise to new models of rental property investment. Build to rent, rent to rent, coliving, and senior living are clear examples.
Commercial leases regulation in Spain
In Spain, commercial leases are not subject to strict regulations like residential leases, and it leaves a central role to the parties’ will when formalizing the corresponding contracts. However, the LAU contemplates some specific provisions worth considering.
Highlights of the New Spanish Housing Law
On 25 May, Law 12/2023 was published in the Official State Gazette (BOE), introducing significant changes to the housing sector in Spain. Highlights include the removal of the Consumer Price Index (CPI) for annual rent reviews, rent control in stressed areas and modifications to eviction and foreclosure procedures, among others.
Can an owner challenge the agreements of the condominium owners’ association?
An owner who considers that a decision of the Board of Owners of the condominium owners’ association to which he belongs is detrimental to his interests or entails a severe detriment that he has no obligation to bear may challenge it through the courts.
Legal actions available to condominium owners association: The order for payment procedure
The Spanish Horizontal Property Law provides condominium owners association (COA) with two specific legal actions against defaulting co-owners or nuisance occupants. One of them is the order for payment procedure.
Legal actions available to condominium owners associations: The action for cessation
The Spanish Horizontal Property Law provides for two specific actions for the condominium owners association in the event of nuisance or delinquent co-owners or occupants. One of them is the action for cessation.
The horizontal property regime in Spain: condominium
The horizontal property regime, the equivalent of the condominium in English, is established per se by the partition of a building or a housing development among several owners. However, its constitution through a master deed and its regulation by statutes or internal rules allows considering the particular needs of each homeowners association.
