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 plenary, although it remains to be seen if the entire parliamentary process is completed, since the Ministry of Housing has committed to approving its own regulation before the end of the year. by decree.
Fraud consists of entering into this type of contract to avoid the price limits and protection of tenants imposed by the Urban Leases Law (LAU) and the Law for the Right to Housing on rental contracts for primary residences.
Thus, for example, while the LAU obliges the landlord to enter into contracts of five or seven years, during which the rental price cannot increase beyond inflation, seasonal contracts and room contracts allow prices to be raised every six years. or nine months to tenants who live in that home stably.
The bill promoted by the left involves a reform of the LAU to include temporary and room rentals in its scope of application.
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 will be understood to be concluded as a rental contract for a habitual residence and the same precepts, deadlines may be applied to it. and extensions.
It also underlines, in an additional provision, that in the cases of the autonomous communities that have developed their own legislation in this matter, “the regional regulations will apply, thus 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 PSOE, socialist sources have confirmed.
However, the Ministry of Housing is finalizing its temporary rental decree these days, with the intention that it will begin to operate in tests on January 2.
This will entail the obligation to digitally register all seasonal, tourist and room rental homes, with a code issued by the administration, which must be renewed every twelve months. The contracts made in that year will have to 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 an “instrument very powerful fraud detection” in this type of leases.
The law to regulate temporary rentals that Junts already overturned returns to Congress
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