The requirements to lower the rent of a premises affected by the Covid crisis


QUESTION

  • My landlord is not a great landlord or anything, but I cannot assume the rent because I have a travel agency on the premises and you can imagine how we are doing, is there a legal possibility that my rent will lower a bit, are there sentences?

There is beginning to be a body of judgments –of the first instance, of course- on the effects of the crisis caused by the covid in the leases of business premises dedicated to activities especially affected by the pandemic (hospitality, tourism …). The basis of the claim reduction of income is the clause matters standing, which allows the judge to modify the binding conditions of a contract in the event of a change unexpected circumstances.

The conditions that, more or less, are required in the last known judgment (JPI 20 of Barcelona, ​​judgment of 01.08.2021), they are:

  • That there has been an extraordinary and unpredictable alteration of the elements taken into account when signing the contract. Obviously, the pandemic is.
  • That this alteration produces, either the frustration of the very purpose of the contract (what happens if the premises cannot be used), or a serious and excessively onerous damage to one of the parties (it can be understood that it occurs if the performance of the activity collapses to the point where it can be reasonably concluded that it would not have been leased under these economic conditions in the current business situation).
  • That the parties have tried to negotiate the modification of the contract and no agreement has been reached.
  • That the solution to be pursued is to terminate the contract or modify it so that the gains and losses arising from the change are distributed fairly and fairly between the parties.

The sentence to which we refer can be appealed.

* The answer has been prepared by the law firm Echeandia & Alevito: www.echeandia-alevito.com


Source: LA INFORMACIÓN – Lo último by www.lainformacion.com.

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