Under the heading rental housing under 1994 LAU? I start a series of posts that try to explain the regulation and characteristics of rents of housing that are governed by the law of urban leases of the year 1994 (currently in force), so I will always refer to contracts entered into after January 1, 1995 (the date of entry into force of such legislation). Beginning with the theme on the duration of the contract, because there are still many people who believed that the term of the rental can agree so completely freely and this is not entirely true. The initial duration will be, Yes, which the parties agree (no matter if they are 10 years old or 3 months), but – here comes the but – if the agreed period is less than 5 years and it is the tenant want to stay longer, entitled to that contract be extended until they are completed 5 years of permanence. In other words, the duration of the contract can agree, but there is a minimum period of 5 years to be met only if the tenant wants it (and is mandatory for the lessor). Yes you can remember a period elapsed and bottom, for example of one year this, terminate the contract if both parties so desire. The only thing that the law is that if the tenant wishes to continue housing longer, even though you have signed for less duration, you can stay up to a maximum of 5 years. At the end of each year of the lease, and until a total of 5 years are met, the tenant may terminate the contract or continue it.
If you want to stay in the home does not need to do anything (is extended automatically). But if I would like to conclude, it must notify the lessor with at least 30 days before the date on which the annuity or extension that is expiring. It is convenient also that notice to perform it reliably (e.g. through burofax with acknowledgement of receipt and) certification text), to avoid conflicts in this respect and, if any, have proof attesting to having communicated its decision not to continue with the rent. In conclusion, the minimum term of 5 years is a right in favour of the tenant, that it may be exercised or not, as desired, but it is not possible to agree in the contract, or in any other document, the renunciation of that period, so that any clause in this regard is completely void. In another post I will talk about the functioning of extensions and the possibility that has the lessor of make impossible them. Ruth Benito Martin Abogada Abogae Red social oriented to the search for answers and solutions that will allow citizens and businesses solve problems and enquiries of a legal original author and source of the article