{"id":3348,"date":"2021-01-28T17:23:48","date_gmt":"2021-01-28T16:23:48","guid":{"rendered":"http:\/\/www.btsasociados.com\/?p=3348"},"modified":"2021-01-28T17:23:50","modified_gmt":"2021-01-28T16:23:50","slug":"business-premises-moratorium-on-payment-of-rent-due-to-coronavirus","status":"publish","type":"post","link":"https:\/\/www.btsasociados.com\/en\/business-premises-moratorium-on-payment-of-rent-due-to-coronavirus\/","title":{"rendered":"Business premises: moratorium on payment of rent due to coronavirus"},"content":{"rendered":"\n

RDL 15\/2020, of April 22, establishes the possibility of requesting a mandatory moratorium on the payment of rent for business premises used for the economic activity of self-employed and SMEs, under certain circumstances, or the possibility of reaching, by consensus between the parties, a deferral agreement with certain powers over the deposit.<\/strong><\/p>\n\n\n\n

These measures, in line with those previously established for housing leasing (RDL 11\/2020), are intended to address the economic difficulties in which these companies may find themselves during the health crisis caused by COVID-19.<\/p>\n\n\n\n

The following requirements and procedures are established for this purpose:<\/p>\n\n\n\n

Tenants<\/strong> Self-employed individuals and SMEs may request a moratorium on payment or reach an agreement to defer payment:<\/p>\n\n\n\n

\u2022\u00a0 That they are tenants of a lease contract for a use other than housing or industry.<\/p>\n\n\n\n

\u2022\u00a0 When its activity has been suspended as a consequence of the state of alarm.<\/p>\n\n\n\n

This circumstance must be accredited to the lessor by means of a certificate issued by the AEAT or the competent regional body, on the basis of the declaration of cessation of activity declared by the interested party.<\/p>\n\n\n\n

\u2022\u00a0 When, even without suspending the activity, its turnover has been reduced by at least 75% in the calendar month prior to the request for deferral, by reference to the average monthly turnover of that quarter in the previous year.<\/p>\n\n\n\n

The reduction must be evidenced by the presentation by the lessee of a responsible statement based on accounting and income information and, if required by the lessor, by showing the lessee’s accounting books.<\/p>\n\n\n\n

In addition, the following requirements are demanded of tenants:<\/p>\n\n\n\n

\u2022Self-employed<\/strong> workers, who were affiliated and registered in the RETA, in the special regime of the social security for sea workers, or in one of the mutual insurance companies substituting the RETA, on March 14, 2020.<\/p>\n\n\n\n

\u2022\u00a0 To the SMEs that the following limits are not exceeded:<\/p>\n\n\n\n

-the total of the asset items does not exceed 4,000,000 euros;<\/p>\n\n\n\n

\u2013 its annual net turnover does not exceed 8,000,000 euros; or<\/p>\n\n\n\n

\u2013 the average number of employees employed during the year does not exceed 50.<\/p>\n\n\n\n

However, tenants who benefit from the moratorium without meeting these requirements will be liable for any damages that may have occurred, as well as for all expenses generated by the application of these exceptional measures, regardless of any other type of liability for their conduct.<\/p>\n\n\n\n

Landlords<\/strong>
Provided that no prior agreement has been reached between the parties, the lessors are obliged to accept the moratorium:<\/p>\n\n\n\n

\u2022\u00a0Public housing companies or entities.<\/p>\n\n\n\n

\u2022\u00a0 Large holders, i.e. individuals or legal entities:<\/p>\n\n\n\n

\u2013 of more than 10 urban properties, excluding garages and storage rooms; or<\/p>\n\n\n\n

\u2013 of a constructed area of more than 1,500 m2.<\/p>\n\n\n\n

On the other hand, when the lessors are not in the above circumstances, the parties may reach a temporary and extraordinary deferral agreement.<\/p>\n\n\n\n

Procedure<\/strong>
a)<\/strong>\u00a0The procedure to be followed for the moratorium on payment is as follows:<\/p>\n\n\n\n

\u2022\u00a0 The moratorium may be requested by the lessee, provided that no other agreement has already been reached between the parties.<\/p>\n\n\n\n

\u2022 It can be requested until 5\/23\/2020 and will be applied automatically for the duration of the state of alarm and its extensions.<\/p>\n\n\n\n

If, due to the tenant’s economic situation, it is necessary to continue with the moratorium, it may be extended, one at a time, for the following monthly payments up to a maximum of 4.<\/p>\n\n\n\n

\u2022\u00a0 Once the moratorium has been requested, the deferral is applied as of the following monthly rent payment.<\/p>\n\n\n\n

\u2022\u00a0 Rents are deferred without penalty or accrual of interest, and must be paid in installments over a period of 2 years, which will begin to run once the economic situation that led to the moratorium is overcome or, if applicable, once the maximum period of 4 months has elapsed. However, the installment payment may be made if the lease contract or any of its extensions is still in force.<\/p>\n\n\n\n

b)<\/strong>\u00a0The temporary and extraordinary deferral in the payment of the rent may be requested by the tenant until 5\/23\/2020, provided that no other prior agreement has been reached between the parties.<\/p>\n\n\n\n

Within this agreement, the parties may dispose of the deposit deposited by applying it to the total or partial payment of the monthly rent, in which case it must be repaid by the tenant within a maximum period of one year from the execution of the deferment agreement or before the end of the lease if this occurs earlier.<\/p>\n","protected":false},"excerpt":{"rendered":"

RDL 15\/2020, of April 22, establishes the possibility of requesting a mandatory moratorium on the payment of rent for business premises used for the economic…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18],"acf":[],"_links":{"self":[{"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/posts\/3348"}],"collection":[{"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/comments?post=3348"}],"version-history":[{"count":0,"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/posts\/3348\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/media?parent=3348"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/categories?post=3348"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}