The question of the older rent is not trivial, since there are not a few entrepreneurs who have been forced to close their business or change their location in light of the latest legislative reforms in the field of urban leases. Certainly, there are not a few business premises, some of them truly emblematic, that have disappeared from certain streets of our cities.


What we raise below are some basic questions in this regard and, above all, explain how Del Valle lawyers can help you solve the problem.


 1.- Legislation on urban leases in Spain.


To understand the moment and the situation in which we find ourselves, it is also necessary to understand the different laws that have regulated the issue in our country. Then, basically we have to take into account three laws, which are: the law of December 24, 1964, the Decree-Law of April 30, 1985 (Decree Boyer) and the current law of November 24, 1994.



As you can guess, the spirit of the three normative bodies has been different. Thus, while the 1964 law sought a more pronounced defense towards the tenant (imposing the famous forced extension for the landlord), the 1985 law was more aimed at a necessary flexibility in the rental market that the times themselves demanded. Finally, the current one in 1994 tends to become an average between the previous ones, trying to establish equality of advantages for both parties, seeking, ab initio, a minimum duration of 5 years of the contract, to move to another of 3 years after the last reform from 2014.

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