CANCELLATION LESSOR'S RIGHT AND ALIENATION OF LEASED HOUSING IN LAW 29/1994, 24 OF NOVEMBER AND ITS NEW REGULATION AFTER LAW 4/2013, 4 OF JUNE.

Abstract

This paper analyses the problems concerning the subsistence and length of a housing lease when the lessor´s right is cancelled after the lease is made, for the causes addressed in article 13 of the Urban Leasing Act. The requirements are discussed in the law 29/1994, 29 of November and in the new regulation in the Law 4/2013, 4 of June as are the legal consequences stemming from said article and its interpretation through case law. This paper analyses too the legal consequences of alienating leased housing under article 14 of the Urban Leasing Act. A distinction is drawn between leases for less than five years and leases for more than five years, the purchaser steps into the landlord's legal position for the legal minimum of five years, altogether separately from the purchaser's possible capacity as a third party in a mortgage situation. In the case of a lease for more than five years, the letting arrangement also continues after alienation, but its term is different depending on wether or not the purchaser meets the requirements in article 34 of the Mortgage Act; if so, the purchaser must put up with the letting arrangement only for the time remaining until the five years are up, and if not, the purchaser must put up with the letting arrangement for the full accorded term. Analyses the new regulation after Law 4/2013, 4 of June, on measures for the flexibility and promotion of the urban leasing market.