- 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.
*The article has been translated based on the content of LA INFORMACIÓN – Lo último by www.lainformacion.com. If there is any problem regarding the content, copyright, please leave a report below the article. We will try to process as quickly as possible to protect the rights of the author. Thank you very much!
*We just want readers to access information more quickly and easily with other multilingual content, instead of information only available in a certain language.
*We always respect the copyright of the content of the author and always include the original link of the source article.If the author disagrees, just leave the report below the article, the article will be edited or deleted at the request of the author. Thanks very much! Best regards!