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Who can request a rent deferral?

The parties to property rental agreements for a use other than housing who fulfil the requirements set out below may request the deferral envisaged in Royal Decree-Law 15/2020 of 21 April pursuant to Article 3 of Act 29/1994 of 24 November on Urban or Industrial Leases. 

 

According to the provisions set forth therein, the requirements which must be fulfilled to be eligible for a rent deferral are the following:

 

1. In the case of a rental agreement on a property assigned to an economic activity performed by self-employed workers:

 

a) On the date the state of alarm was declared through Royal Decree 463/2020 of 14 March declaring the state of alarm to manage the health crisis situation caused by COVID-19, having been affiliated to and duly registered for the Special Social Security Scheme for Self-Employed Workers or the Special Social Security Scheme for Seamen or, where appropriate, any of the former's replacement Mutual Societies. 

 

b) That their activity has been suspended as a consequence of the entry into force of Royal Decree 463/2020 of 14 of March or by any orders issued by the competent authority or the competent authorities delegated under the aforementioned Royal Decree. 

 

c) If their activity has not been suspended as a direct consequence of the entry into force of the Royal Decree 463/2020 of 14 of March, a fall in their invoicing of a least 75 per cent must be certified in the month prior to the one in which the deferral is requested with regard to the average monthly invoicing of the quarter to which said month belongs in the preceding year.

 

2. In the case of a rental agreement on a property assigned to an economic activity performed by SMEs: 

 

a) That the limits set forth in Article 257(1) of Royal Legislative Decree 1/2010 of 2 July approving the consolidated text of the Corporate Enterprises Act are not exceeded. 

 

b) That their activity has been suspended as a consequence of the entry into force of Royal Decree 463/2020 of 14 of March or by any orders issued by the competent authority or the competent authorities delegated under the aforementioned Royal Decree. 

 

c) If their activity has not been suspended as a direct consequence of the entry into force of the provisions set forth in Royal Decree 463/2020 of 14 of March, a fall in their invoicing of a least 75 per cent must be certified in the month prior to the one in which the deferral is requested with regard to the average monthly invoicing of the quarter to which said month belongs in the preceding year.

When can it be requested?

Any parties to property rental agreements for a use other than housing who consider that they meet the requirements may request the renting entity for a rent deferral within the time limit of one month from the entry into force of Royal Decree-Law 15/2020, which took place on 22 April 2020

 

You can now submit your request on our website, thereby avoiding the need to visit a branch. All documents that need to be examined must be submitted.

What documents must be submitted when requesting the deferral?

When filing the request, it is necessary to submit documents certifying fulfilment of the above-mentioned requirements. In this regard

 

a) A fall in activity shall initially be certified by submitting an affidavit of liability stating that a fall in monthly invoicing of at least 75 per cent has taken place in relation to the average monthly invoicing in the same quarter of the preceding year based on accounting and income and expenses information. In any event, the tenant must exhibit, where the landlord should so require, their accounting books to the landlord to prove the fall in activity. 

 

b) A cessation of self-employed workers' activity shall be certified through a certificate issued by the State Tax Administration Agency (Agencia Estatal de la Administración Tributaria) or, where appropriate, by the regional authority's competent agency based on the cessation of activity statement declared by the interested party.

When can a rent deferral be obtained?

Once the relevant documents have been submitted and if all the aforementioned requirements are met, the renting entity shall automatically apply the deferral to the following monthly rent payments during the time the state of alarm and its extensions last, which may be extended on a month-by-month basis if said time limit is insufficient with regard to the impact caused by COVID-19, which may not exceed four months in any event. 

 

Said rent shall be deferred without penalty or any interest becoming due as from the following monthly rent payment by splitting the payments in instalments over at least two years, which shall be counted from the time the aforementioned situation is overcome or from the four-month period mentioned above, and always within the term of the rental agreement or any of its extensions.

Applicant's liability

Any tenants who have benefitted from the temporary or extraordinary rent deferral without meeting the requirements set forth shall be liable for any damages which may have been caused, as well as for any expenses incurred due to the application of these exceptional measures, without detriment to any other liabilities which may arise from their behaviour.

Where can the documents required by the Royal Decree-Law be obtained

Cessation of self-employed workers' activity:

State Tax Administration Agency (Agencia Estatal de la Administración Tributaria) or the regional authority's competent agency.

 

Certificate of registration in the Special Social Security Scheme for Self-Employed Workers:

Ministry of Inclusion, Social Security and Migrations.

 

Certificate of registration in the Special Social Security Scheme for Seamen:

Ministry of Inclusion, Social Security and Migrations.

 

Certificate of registration in Mutual Societies that replace the Special Social Security Scheme for Self-Employed Workers:

Ministry of Inclusion, Social Security and Migrations.

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