Royal Decree-Law 15/2020, of April 21, of complementary urgent measures to support the economy and employment.
Article 1. Leases for use other than housing with large holders.
1. The natural or legal person who is the lessee of a lease for use other than housing in accordance with the provisions of article 3 of Law 29/1994, of November 24, on Urban Leases, or industry, that complies the requirements provided for in article 3, may request from the lessor, when this is a company or public housing entity, or a large holder, understanding as such the natural or legal person who is the owner of more than 10 urban properties, excluding garages and storage rooms, or a constructed area of more than 1,500 m2, within a month from the entry into force of this royal decree-law, the moratorium established in section 2 of this article, which must be accepted by the lessor provided that an agreement between both parties of moratorium or reduction of rent had not already been reached.
2. The moratorium on the payment of the rental rent indicated in the first section of this article will be applied automatically and will affect the period of time that the alarm status and its extensions last and the following monthly payments, extendable one by one, if That period was insufficient in relation to the impact caused by COVID-19, without the four months being exceeded in any case. Said rent will be deferred, without penalty or accrual of interest, from the next monthly rent, by dividing the installments over a period of two years, which will be counted from the moment the aforementioned situation is exceeded. previously, or after the expiration of the aforementioned four-month period, and always within the term of the lease or any of its extensions.
Article 2. Other leases for use other than housing.
1. The natural or legal person who is the lessee of a lease for use other than housing in accordance with the provisions of article 3 of Law 29/1994, of November 24, or industry, whose lessor is different from the defined in the
Article 1.1, and complies with the requirements provided for in Article 3, may request from the lessor, within a period of one month, from the entry into force of this Royal Decree-law, the temporary and extraordinary deferment of rent payment provided that such postponement or a reduction in income had not been agreed by both parties on a voluntary basis.
2. Exclusively within the framework of the agreement referred to in the preceding sections, the parties may freely dispose of the deposit provided for in article 36 of Law 29/1994, of November 24, which may be used for total or partial payment. somehow or some monthly installments of the rental income. In the event that it is available in whole or in part, the lessee must replace the amount of the deposit provided within one year from the conclusion of the agreement or within the remaining period of the contract, in the event that this term is less than one year.
Article 3. Self-employed and SME tenants for the purposes of article 1 and article 2.
The self-employed and SME tenants may access the measures provided for in articles 1 and 2 of this royal decree-law when they meet the following requirements:
1. In the case of a property lease contract that affects the economic activity carried out by the self-employed:
a) Be affiliated and registered, on the date of the declaration of the state of alarm by Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the crisis situation health caused by COVID-19, in the Special Regime of Social Security of Workers for own or Self-Employed Account or in the Special Social Security Scheme for Sea Workers or, where appropriate, in one of the RETA substitute Mutual Societies.
b) That its activity has been suspended as a result of the entry into force of Royal Decree 463/2020, of March 14, or by orders issued by the competent Authority and the competent Authorities delegated under the aforementioned royal decree.
c) In the event that your activity is not directly suspended as a result of the entry into force of Royal Decree 463/2020, of March 14, you must prove the reduction in billing for the calendar month prior to which thepostponement by at least 75 percent, in relation to the average monthly turnover of the quarter to which said month refers to the previous year.
2. In the case of a property lease contract affecting the economic activity carried out by an SME:
a) That the limits established in article 257.1 of Royal Legislative Decree 1/2010 of July 2, which approves the revised text of the Capital Companies Law, are not exceeded. b) That its activity has been suspended as a result of the entry into force of Royal Decree 463/2020, of March 14, or by orders issued by the competent Authority and the competent Authorities delegated under the aforementioned royal decree. c) In the event that your activity is not directly suspended by virtue of the provisions of Royal Decree 463/2020, of March 14, you must prove the reduction in your turnover for the calendar month prior to which the postponement is requested. in at least 75 percent, in relation to the average monthly turnover of the quarter to which the said month refers to the previous year.
Article 4. Accreditation of requirements. Compliance with the requirements established in article 3 will be accredited by the lessee before the lessor by submitting the following documentation: a) The reduction of activity will be initially credited by filing a responsible declaration in which, based on accounting and income and expense information, record the reduction in monthly billing by at least 75 percent, in relation to the average monthly billing for the same quarter of the previous year. In any case, when the lessor requires it, the lessee will have to show his accounting books to the lessor to prove the reduction of the activity. b) The suspension of activity will be accredited by means of a certificate issued by the State Agency of the Tax Administration or the competent body of the Autonomous Community, as the case may be, based on the declaration of cessation of activity declared by the interested party.
Article 5. Consequences of the improper application of the temporary and extraordinary postponement in the payment of the rent. The tenants who have benefited from the temporary and extraordinary postponement in the payment of the rent without meeting the requirements established in article 3, will be responsible for the damages that may have occurred, as well as all the expenses generated by the application of these exceptional measures, without prejudice to the responsibilities of another order to which the conduct of the same could give rise.