Art 32 lau

lau 1994

Where a business or professional activity is carried on on the leased premises, the lessee may sublet the premises or assign the lease without the consent of the lessor.

2. The lessor is entitled to a rent increase of 10% of the rent in force in the case of a partial sublease, and of 20% in the case of the assignment of the lease or the total sublease of the leased premises.

A change in the person of the lessee as a result of the merger, transformation or spin-off of the lessee company shall not be considered an assignment, but the lessor shall be entitled to the increase in the rent provided for in the preceding paragraph.

urban leases law

1. When a business or professional activity is carried out on the leased property, the lessee may sublease the property or assign the lease, without the consent of the lessor.

2. The lessor is entitled to a rent increase of 10% of the current rent in the case of a partial sublease, and of 20% in the case of the assignment of the lease or the total sublease of the leased property.

A change in the person of the lessee as a result of the merger, transformation or spin-off of the lessee company shall not be considered an assignment, but the lessor shall be entitled to the increase in rent provided for in the preceding paragraph.

law 29/1994 on urban leases pdf

1. Precepts not applicable or of difficult application to the lease of housing for academic season. Assignment of the contract and sublease (art. 32 LAU). Disposal of the leased property (art. 29 LAU).

Thus, for example, art. 32 LAU provides that, in the absence of an agreement, the lessee of a property in which a business or professional activity is carried out has the power to assign the contract or sublease the property, without the consent of the lessor. The restriction of the regulatory scope of this provision to leases in which a business or professional activity is exercised does not mean, a contrario sensu, that, in the rest of the contracts and, in particular, in academic seasonal leases, the authorization of the lessor constitutes a conditio sine qua non for the assignment and sublease. On the contrary, what this simply means is that such a rule is not applicable to seasonal leasing because it is outside the cases covered therein. For this reason, in the absence of an agreement relating to the assignment and sublease, it will be necessary to resort to what is prescribed in art. 1550 Cc. in this matter

article 11 lau

The legal regime of urban leases is currently regulated by the revised text of the 1964 Urban Leases Law, approved by Decree 4104/1964, of December 24, 1964.

In view of these circumstances, Royal Decree-Law 2/1985, of April 30, 1985, on Economic Policy Measures, introduced two modifications to the regulation of the urban leasing regime that have had an enormous impact on the subsequent development of this sector. These modifications were the freedom to convert dwellings into business premises and the freedom to agree on the duration of the lease, eliminating the mandatory nature of the forced extension in urban lease contracts.

Royal Decree-Law 2/1985 has had mixed results. On the one hand, it has allowed the downward trend in the percentage of rented housing that was occurring at the beginning of the eighties to be halted, although it has not been able to substantially reverse the trend. On the other hand, however, it has generated enormous instability in the rental housing market by giving rise to a phenomenon of short-term contracts. This in turn has produced a very significant increase in rents, which has been aggravated by its simultaneousness in time with a period of rising prices in the real estate market.

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