Urban leases, COVID 19 epidemic and state of alarm (III).

Abstract

Royal Decree Law 11/2020, of March 31, which adopts urgent complementary measures in the social and economic sphere to deal with COVID - 19 has undergone various modifications since its entry into force. Recently, Royal Decree Law 21/2021, of October 26, has extended the measures on housing regulated in that one (suspension of eviction processes and launches; extraordinary extension of lease contracts and request for moratorium to the landlord large holder) until February 28, 2022. Likewise, the request for compensation to Public Administrations by landlords has been extended until March 31, for the period between the extraordinary suspension of article 1 of Royal Decree-Law 11 / 2020, of March 31 and the moment in which it is lifted by the Court or by reaching the time limit of February 28, 2022. On the other hand, various court decisions have been creating jurisprudential doctrine around the application of Royal Decree Law 11/2020. In this sense, it has been pointed out that proving a salary lower than three times the IPREM does not imply proving the situation of vulnerability described in article 5 of the Royal Decree Law. It has also been indicated that the conclusion of the lease in tacit renewal before 2 April 2020 (date of entry into force), prevents requesting an extraordinary extension of the same in accordance with article 2 of the Royal Decree Law.