The new Royal Decree-Law 15/2020, of April 21, on urgent measures, contains in its Chapter I (articles 1 to 5), a new series of measures in the face of the health crisis caused by COVID-19.
The exceptional measures of Royal Decree 463/2020, of March 14, led to the cessation of activity of many economic activities or their drastic reduction. To alleviate these situations and in an attempt to distribute the cost or damage caused by the situation among the parties, this new Royal Decree-law agrees on some actions regarding the leasing of business premises:
1º.- Leases for use other than "large holders" housing
In those cases where
- the lessor is a natural or legal person, or a company or public housing entity, owner of more than 10 properties or a constructed area of more than 1.500 m2; Y
- The tenant is self-employed or SME, who meets the requirements set forth in Art. 3, that is, a member of or registered with Social Security whose activity has been suspended or seriously affected.
The lessee may obtain a moratorium or deferment in the payment of the rental rent, that the lessor must necessarily accept, unless the parties have previously reached an agreement regarding the deferral or reduction of the rent.
The moratorium on the payment of the rent will consist of the deferment of the payment, without interest or any penalty, for the duration of the state of alarm and its consequences, with a maximum of 4 months, and the obligation of its payment in installments until in two years (as long as the duration or validity of the lease allows it), which will begin to accrue from the moment the alarm condition ceases.
2nd. Leases for use other than housing with lessors who are not large holders.
The lessee who is autonomous or SME, may request within a month from the entry into force, the temporary and extraordinary deferment in the payment of the rent (there is therefore no obligation to accept), provided that there was no longer an agreement.
In this case, the parties may freely dispose of the deposit for the total or partial payment of any of the monthly payments due, with the obligation on the part of the lessee to replace the deposit within one year.
The fundamental difference is that, in the event that the lessor is a public entity or a large holder, the latter is obliged to accept the deferment under the conditions described, while in the case of lessors in which such condition does not exist, the rule simply reflects that the delay in payment "may be requested ”, without reflecting the Lessor's obligation to accept it, nor the consequence of rejecting it, which we understand will be the permanence of the obligation of payment by the lessee.
In any case, the planned measure regarding the application of the bond to the payment of pending income may be especially interesting in the current climate of economic crisis and the expected avalanche may occur in the application for bankruptcy.
From Ribelles Abogados we are at your disposal to advise you on what may be of interest to you.
