LA DURACIÓN DE LOS ARRENDAMIENTOS URBANOS, SU PRÓRROGA Y EL NUEVO DESAHUCIO «EXPRESS» EN LA LEY 19/2009, DE 22 DE NOVIEMBRE, DE MEDIDAS DE FOMENTO Y AGILIZACIÓN PROCESAL DEL ALQUILER Y DE LA EFICIENCIA ENERGÉTICA DE LOS EDIFICIOS.

Abstract

In this paper we have endeavoured to analyse the length of housing leases. Housing lease length is freely accorded by the parties. If that length is less than five years, then, on the date of expiration of the lease, the lease is obligatorily extended for one-year periods until the lease attains the minimum length of five years. Some exceptions to mandatory lease extension are envisaged, to accommodate the lessor's need to occupy the premises as a permanent home for him/ herself or the lessor's relatives in the first degree of consanguinity or by adoption, or for the lessor's spouse where there is a final divorce or marriage annulment ruling under article 9.3 of the Urban Lease Act, which was amended in this sense by Act 19/2009 of 23 November on measures to foster and speed up the rental procedure and on building energy efficiency. We have also analysed lease extension and abandonment on the basis of articles 10 and 11, respectively, of the Urban Lease Act. Lastly, we have alluded to the main modifications made for the improvement and acceleration of eviction processes without ceasing to safeguard the rights and guarantees protecting all bona fide tenants.