“. Article 39.- The legal extension applies automatically and after expiry, the lessor may require the tenant to fulfill his obligation to deliver the object of the rental. In this case, at the request of the lessor, the judge will order the seizure of the rented property and will order the deposit of it in the person of the owner of the property, the case being concerned, in order to respond to the tenant if there is room for it… ». It prohibits the setting of foreign currency leasing charges; and continue the adjustment during the term of the lease, noting that fees can only be reviewed and adjusted in the following cases: Commentary on access to justice: The judgment confirms the Chamber`s criterion on the legal renewal of the lease, its requirements, duration and effects. This means that “after the expiry of the legal extension period”, if the tenant does not deliver the property, the landlord may demand compliance with the contract due to the expiry of the legal extension and the eviction of the property, and the tenant will not be able to successfully claim the tacit extension because he has not been informed, that the contract concluded the legal extension at the end of the contractual period. In addition, the Chamber notes that “the fact that the parties have agreed that the contract will end at the end of the term, without the need to notify or eject, does not mean that the tenant`s constitutional rights have been violated, since Article 1.599 of the Civil Code determines what happens if the lease is of a certain duration, ends on the specified day without the need to expel the day. I also recommend that invoices or proof of payment include a monthly slogan that reads “within the legal renewal period of the lease”. However, I recommend that real estate agents and real estate advisors keep an eye on the expiry date of the contract period and inform the tenant shortly before the contract expires of the confirmation of the termination of the contract and the start of the legal extension of the lease. Finally, as a real estate consultant, I consider it important to know the duration of the legal extension, which may correspond to the tenant, and not to charge rental fees at the end of this extension, unless these sums are expressly collected as compensation for the late delivery of the rented property. Legal renewal document. Authentication of the lease agreement. Action of Amparo. Violation of the constitutional right to effective judicial protection With regard to the determination of rental costs, it is stipulated that it is agreed between the landlord and the tenant, who must mutually apply one of the three (3) methods specified in the standard.
In the absence of agreement or doubts or controversies in this regard, the State Inspectorate for the Defence of Socio-Economic Rights (Sundde – Organ), which is responsible for assisting the Ministry of People`s Power for Commerce in the implementation of this Law, in which it is attributed the character of a competent authority in this matter, are able to jointly establish the bodies they deem necessary to carry out the allocation), An intervention is made to determine the calculation of the corresponding fee. In this sense, the procedures chosen by the parties when determining the fees are as follows: At the end of the term of the contract, the tenant may opt for a legal extension depending on the duration of the lease, the maximum extension up to one (1) year being six (6) months; between one (1) year and five (5) years, it has an extension of one (1) year; Between five (5) and ten (10) years, the extension is two (2) years; More than ten (10) years, you can enjoy three (3) more years. We emphasize that this extension is optional for the tenant, while it is mandatory for the landlord and that the same conditions, provisions and updates to the canon agreed by the parties must be maintained, unless the fees have been adjusted due to a regulatory process. “. Article 38 In the case of leases relating to one of the properties referred to in Article 1 of this Legislative Decree and concluded on a fixed date after the end of the established term, this is mandatory for the owner and possibly for the tenant in accordance with the following rules: By judgment No. 290 of 07.07.2022, the Constitutional Chamber of the TSJ confirmed its criterion, According to which “after the expiry of the legal extension, the owner is entitled to demand from the tenant the performance of his obligation to deliver the property, including the seizure of the leased property”. The above-mentioned special provision stipulates that the legal extension operates automatically and authorizes the lessor to demand in court the performance of the tenant`s obligation to deliver the leased property after the expiry of the lease, and the property may be affected preventively by the sequestration authorized by this regulation. `(3) Mixed Lease Canon (CAM), consisting of the methods described in points 1 and 2, that is to say, by fixed part plus percentage of turnover, specifying that the fixed part may not exceed 50% of what would correspond to a flat-rate fee, while the percentage of turnover may not exceed 8%. Where the percentage of sales exceeds twice the fixed portion, only the amount resulting from the application of the provisions of point 2 shall be paid as a monthly fee.
That is, we have said that the rental of commercial premises must be prepared in writing and certified before a notary, for a minimum period of one (1) year (unless the lease is required for a specific season and can be held for a shorter period) and must comply with the physical conditions of the property and building to be rented, in which it is located; the value of the property; rental fees; the calculation method used; and the obligations of the parties (owner and tenant). In interpreting the above-mentioned standard, the board stated that “.. In the case of rental contracts concluded for a certain period on the day of expiry of the period specified therein, this is binding on the owner and possibly for the tenant, the same conditions and provisions remaining in force during the period of the legal extension as agreed by the parties in the initial contract, with the exception of changes in rental costs, resulting from a regulatory procedure … ». (S.C.C. of 6 August 2014, Case: Inversiones 4 Albert S Sons, C.A., v Custodias y Almacenajes, C.A. (CUSALCA) and others). During the legal extension period, the lease will be taken into account for a certain period, and the same terms and conditions agreed by the parties in the initial contract will remain in force, except for changes in rental costs that result from a regulatory procedure or agreement between the parties if the property is exempt from regulation … ».