Law 1/2014, of 23 January, amending the law of urban property leases, of 30 June 1999 as the General Council in its session of 23 January 2014 has approved the following: Law 1/2014, of 23 January, amending the law of urban property leases, of 30 June 1999 preamble on 30 May 1968 was passed a decree on leases urban, directed to discipline certain aspects of locatio conductio. However, the first comprehensive regulation of the urban leases in the Principality of Andorra will not be reached until the approval of the General Council of the law of urban property leases, on 2 and 3 September 1993, which included a significant number of rules, many of which imperative, aimed at balancing the interests of the contractual parties and grant at the same time, a special protection to the interests of the lessee; This implied a modification of the basic structure of the lease of things, as a consensual contract and successive treatment by which a party is obliged to provide and to keep the counterpart in the enjoyment, use and the benefits of something not expendable, for a certain time and in return for the payment of an income. Later, on the merits of the law of urban property leases in force, adopted by the General Council on 30 June 1999, certain changes were introduced with a view to reinforce this balance of interests, and at the same time they lighten certain loads imposed on the leaseholder, all giving it a greater legal security.
This law, in force for more than fourteen years, has demonstrated its usefulness and appropriateness in the regulation of arrendatàries relations that have as an object the urban estates, and still provides a suitable legal framework and adapted to the current social and economic circumstances. However, the time elapsed since it entered into force advises the modification of several of its provisions or the addition of new provisions, to resolve some faults or inaccuracies, this option was for the purpose of avoiding certain grievances that they could suffer both landlords and tenants and give more legal certainty to the parties with regard to their rights and duties arising from the lease of urban estates.
The legislation that regulates the contract of lease of dwellings and premises for business you must provide both the lessor and the lessee, the instruments necessary to ensure that any person has the right to enjoy decent housing, or to be able to develop a commercial activity. In this sense, although the tenant has to deserve specific protection, you must also provide to the lessor sufficient incentives for being channelled into the lease the urban estates which owns or that you can buy, with a view to make the right and at the same time, to promote the economic course of the country. Adverse circumstances for which crosses the world economy are felt in the Principality of Andorra, and have led to a high number of residents left the country and, therefore, also the House that arrendaven, or relatively well off a home with an income lower than that paid until then. Similarly, the decline in business activity has been the same in respect of the premises for business, and in all cases there has been a significant mobility in the market for properties to rent.
In this sense, and to avoid the harm suffered by landlords when the tenant leaves the building that occupied, without you can locate or without that appears in court proceedings, and sometimes to pay the agreed rent and, in any case, do not return the possession of the estate in due time (which forced the lessor, to recover the to wait for the completion of the suit in which are interested in the resolution of the contract, the eviction and, eventually, the claim of unpaid rents, and that it can default strength), it introduces the possibility that the Mayor agrees to the return of the property before the end of the procedure, if it is proven the concurrence of a range of circumstances that can do boast that the tenant has abandoned the premises and has no intention to return.
On the other hand, to protect the tenant who does not enjoy legal assistance in the procedure that governs the second additional provision of the law, will allow the Mayor may require to the lessor for deposit to the tenant the security deposit which he received in his day, despite the fact that the latter does not have claimed the return or the eventual compensation. At the same time, it also introduces the possibility that you can apply for this return within the framework of the procedure mentioned or in a subsequent lawsuit.
On the merits of this law, it also has an impact on other relevant aspects and aimed to offer, as has been said, more legal certainty to both landlords and tenants. By way of example, submit the contracts of lease of furniture, storage rooms, parking garage or other rooms in the same rules relating to the houses to which they are linked. fix terms of duration of the contract in certain cases, as well as for the prescription of certain actions; It allows the lessee do not wish unilaterally and in advance in the contract, with no obligation to indemnify the lessor, in the case of deficiencies or lack of provision of services, or in the case of repeated repairs of entity also repeated that must be made to the property; and the new lessee is required to notify the lessor the willingness of subrogation in the lease to the death of the former tenant, marriage annulment, separation or divorce, as well as the necessary consent of the lessor in the event that the lessee wants to make works that changed the configuration of the building, or weaken the nature or the resistance of the materials used in the construction.
Finally, we have introduced certain modifications or additions to clarify inaccuracies or filled-in gaps that had given rise to controversies and litigation, including with regard to the scope of the obligation of the tenant to leave the property as he had received at the end of the contract, or in relation to the consequences of sublessor or the special protection to be offered to the disabled.
Article 1 adding a paragraph 3 in article 2 is added a paragraph 3 in article 2 of the law of urban property leases, which is worded in the following terms:
"3. The contracts of leasing industry or business."
Article 2 amendment to article 5 modifies article 5 of the law of urban property leases, which is worded in the following terms: "Article 5 1. It is considered that it is leasing the home that aims to a habitable building the main target of which is to serve as a permanent residence and usual tenant, your spouse, your children or other family members, in a period exceeding 183 days per calendar year.
2. The regulations for the leasing of housing apply equally to the furniture, the storage rooms, the garage spaces and any other dependency that has been linked to the housing in the contract signed by the parties. "
Article 3 article 7 modification modifies the article 7 of the law of urban property leases, which is worded in the following terms: "Article 7 1. It is understood that there is a lease on an urban farm when one of the parties is obliged to yield to the other the use and enjoyment of this property for a certain time and a certain price.
2. If it has not been set a term for the lease, the agreement is understood to have made for a period of five years, in accordance with the articles 42.1 and 54.1 of this law.
3. In the land leases for a different use of the agricultural exploitation, forest or terracing, if it has not been set a term for the lease, the agreement is understood to have done for years when there is a fixed annual income, for months if it's monthly and, in general, by the same time by which it pays the rent. If the term becomes as indefinite, is understood to have made for years, unless it is linked to another thing of the contract or of the relations between the parties. "
Article 4 modification of article 9 modifies article 9 of the law of urban property leases, which is worded in the following terms: "Article 9 1. Titles are considered sufficient to provide an estate leasehold the usufructuary, emfiteuta, superficiari and any other right of a similar nature.
2. In the event that the lessor does not enjoy sufficient title to a property on lease, if the lessee has acted in good faith, due to the appearance created by the demonstrations or acts of the lessor, the lease is considered to be established by the minimum period stipulated in articles 42 and 54 of this law, without prejudice to the liability which may be incurred the lessor against the owner of the property. "
Article 5 amendment of article 15, paragraph 3 and adding a paragraph 4 to article 15 modifies paragraph 3 and added a paragraph 4 to article 15 of the law of urban property leases, which are produced in the following terms: "3. The deposit is in the possession of the lessor, which is obliged to return it at the end of the contract, to receive the keys of the property leased unless it is to be applied, in whole or in part, for the purposes set out in the above paragraph 2, after the documentary justification. The lessor makes his deposit yields, without which may be allocated to the repair of the damage caused by the tenant to the property leased. "" 4. The lessee may demand the return of the bond issued in the framework of the procedure governing the second additional provision of this law, or in a later procedure put in place for this purpose. The action to claim the return of the deposit prescribed in the period of three years counting from the moment of the termination of the lease. "
Article 6 amendment of article 16 modifies the article 16 of the law of urban property leases, which is worded in the following terms: "Article 16 The lease contract is terminated at the end of the term agreed upon, without request, unless the parties agree to extend it, or tacitly prorrogui in accordance with the provisions of articles 42.3 and 54.4 of this law."
Article 7 modification of article 18 modifies the article 18 of the law of urban property leases, which is worded in the following terms: "Article 18 1. Leases granted to hideaways, superficiaris or others who have a similar law on the estate to go extinct with the death of the lessor or at the time of the termination of your right if it occurs before, if the lessee knew that circumstances at the time of the conclusion of the contract, as long as they have won the minimum duration period foreseen by this law.
2. The rule of the preceding paragraph also applies to leases granted to buyers with retro Pact or owners of estates hipotecades.
3. If the tenant did not know that the lessor was under the conditions stated in the previous sections, the agreement cannot be terminated until the end of the agreed period or, in any case, upon expiry of the period of ten years from the date of conclusion of the contract or from the availability of the property, if it is later. "
Article 8 adding a paragraph 4 to article 21 adds a paragraph 4 to article 21 of the law of urban property leases, which is worded in the following terms: "4. The action to claim the payment of the past due income prescribed within a period of three years from the date on which that payment is demanded."
Article 9 adding a paragraph 5 to article 24 will add a paragraph 5 of article 24 of the law of urban property leases, which is worded in the following terms: "5. In the event of paragraphs 2, 3 and 4 of this article, if the irregularity, the deficiency or lack of provision of services have been lasted for a period of two consecutive months or four months part-time workers within a period of one year, the lessee may, in addition, give up unilaterally in the contract before the expiry of the period agreed upon, without prior notice or obligation to indemnify the lessor under the terms article 19, second paragraph, of this law. "
Article 10 modification of sections 5 and 8 and adding a paragraph 11 of article 27 are modified sections 5 and 8 and added a paragraph 11 of article 27 of the law of urban property leases, which are produced in the following terms:
"5. Tolerate the repairs on the leased property. If the repairs lasting more than 30 days, the lessee has the right that you decrease the income, during the time of the repairs, in proportion to the part of the estate that has been deprived. If the repairs have an expected duration of more than two consecutive months, or four months part-time workers within a period of one year, and prevent the property can be used for the purpose for which it was leased, the lessee can unilaterally terminate the contract before the expiry of the agreed period without prior notice or obligation to indemnify the lessor under the terms article 19 , second paragraph, of this law. "" 8. Return the property to the end of the lease as received, saved the deterioration caused by the passage of time and the normal usage, or due to inevitable. However, if the contract has a duration less than or equal to five years, the lessee must return the property as it was received, also with regard to the facilities and painting. In any case, if the contract is not expressed what was the State of the property at the time of the commencement of the lease, it is understood that he was in good condition, unless they try otherwise. "" 11. Obtain the written permission of the lessor to make works that changed the configuration of the property leased, or weaken the nature or the resistance of the materials used in its construction. "
Article 11 Amendment of article 31 modifies the article 31 of the law of urban property leases, which is worded in the following terms: "Article 31 1. The lease will be terminated due to the following causes: a) expiry of the period agreed.
b) loss or destruction of the property leased. It is understood that loss occurs when the property ceases to be used for the destination for which it was built.
c) alienation of the property leased, provided that you have won the minimum duration period foreseen by this law, when it is the case, and without prejudice to the compensation to which it could give rise. Otherwise, the buyer will be subroga in the rights and responsibilities of the previous owner.
d) Declaration of ruin or expropriation of the property leased.
e) in other cases stipulated by this law.
2. The death of the tenant is not cause for termination of the contract until you reach the deadline agreed under the requirements established by articles 44 and 59 of this law for the leasing of housing and for business, respectively.
3. The buyer with retro Pact may not use the Faculty of evicting the tenant until you have passed the deadline to exercise pre-emption. "
Article 12 Amendment of article 35 article 35 of the law is modified to urban property leases, which is worded in the following terms: "Article 35 1. Sublessor exists when the tenant gives to a third party the use of all or part of the property leased for a certain time and a certain price. However, the contract of sublessor of housing can only fall on a part of the same housing.
2. The sublessor necessarily requires the written permission of the lessor.
3. The right of the sotsarrendatari be terminated when it expires the tenant, unless you have agreed otherwise. "
Article 13 Amendment of article 42, paragraph 1 modifies article 42, paragraph 1 of the law of urban property leases, which is worded in the following terms: "1. The duration of the lease of houses for permanent residence and may not be less than five years, except when it has been agreed upon in the contract that the lessor may recover the leased property in a period of no less than two years to allocate to its own use or to the their family members in the first or second degree and in a straight line. The period is counted from the date of conclusion of the contract or from the availability of the apartment, if it is later. "
Article 14 Amendment of article 43 article 43 of the law is modified to urban property leases, which is worded in the following terms: "Article 43 in the case of annulment of marriage, separation or divorce of the tenant, your spouse will be subroga in the lease, by the time that Miss the deadline agreed, if the competent judicial organ attached to the use of the House as long as you notify the lessor reliably within a period of two months from the notification of the corresponding resolution, and accompany a copy of the aforementioned resolution. "
Article 15 Amendment 44 article modifies the article 44 of the law of urban property leases, which is worded in the following terms: "Article 44 1. In the event of death of the tenant, you can replace in the contract, by the time that Miss the deadline agreed, his spouse or the person that was attached to that forming a stable Union of a couple and their descendants and ancestors, proving to have lived with him during the six months prior to the death.
2. When there are several beneficiaries of the right of subrogation to exercise it, only one of them. In the absence of agreement between the interested parties, follow the order indicated in paragraph 1 of this article, preferably, within each group, by the proximity of degree. The cases of equality are resolved in favor of those who have more dependent family members, or you are in a situation of abuse or disability. In the event that there are several people in the latter circumstances, is the preferred that have less financial resources.
3. The subrogation, to be valid, it must notify the lessor within 60 days following the date of the death of the tenant. In the notification it must state the personal circumstances of the subrogat and must accompany the corresponding death certificate. "
Article 16 Amendment of article 46, paragraph 1 modifies article 46, paragraph 1 of the law of urban property leases, which is worded in the following terms: "1. If the lessee, your spouse or one of the relatives who live together has a disability, is authorized by the Ministry of law, to carry out the works that are indispensable to adapt housing to the needs arising from this disability , always stating this circumstance and notify the lessor in writing. "
Article 17 Amendment of article 53 article 53 of the law is modified to urban property leases, which is worded in the following terms: "Article 53
In the lease of premises for business governs the principle of freedom of covenants, except where the law provides otherwise. In any case, are of subsidiary application of the rules contained in this title. "
Article 18 Add a section 7 to the second additional provision 1. Added a section 7 to the second additional provision of the law of urban property leases, which is worded in the following terms: "7. If a demand with the purpose to solve a lease and the lessee fails to appear the appointed day for the answer to the demand, despite having been duly summoned, and neither does it when the date in the form due to the trial of testing , the lessor may apply to the Mayor is an expert of the procedure that leads to an ocular inspection of the House or of the premises for business.
The Mayor may be decided by a resolution prompted the return of possession of this property to the lessor, all ordering, if appropriate, that the latter pay security deposit enough to guarantee the compensation of damages which may be caused to the lessee, without prejudice to the procedure continues processing, if you meet the following requirements: a) if it is proved with the ocular inspection that the property is in a situation of abandonment.
b) if the lessor certifies that it has not produced any kind of expenditure that give rise to the services and supplies from the date on which the procedure has been initiated so far in what can be applied for the ocular inspection, or in the last six months, in the event that this test is reasonably available to them.
c) If you provide a minimum of two witnesses stating that they don't know the tenant occupies the property. "
2. The current sections 7, 8, 9, 10, 11, 12, 13 and 14 of the second additional provision of the law of urban properties leases they number as in sections 8, 9, 10, 11, 12, 13, 14 and 15, respectively.
Article 19 amendment of the second additional provision, paragraph 14, letter b) modifies the second additional provision, paragraph 14, letter b) of the law of urban property leases, which happens to number as in section 15, in accordance with article 18, paragraph 2 of this law, and is worded in the following terms: "b) Providence which orders the execution of the sentence and the launch , where appropriate, notified to the defendant in the same terms in which you should make the quote, if it is found in the Principality of Andorra. Otherwise, it will notify by means of the publication in the Official Gazette, with the same effect as if it had been notified personally. In the event that the defending himself has appeared in the procedure in which it requests the termination of the contract of tenancy without legal assistance, you may require on the same Providence in the lessor because legally deposited the deposit that the tenant handed him in his time and is at your disposal. "
First final provision is entrusted to the Government that, within a maximum period of one month from the entry into force of this law, published in the official bulletin of the Principality of Andorra the text of the law of urban property leases, of 30 June 1999, including the modifications introduced in the law 11/2006 of 27 October, timely modification of the law of urban lands leases; Law 26/2008, of 20 November, regulation of furnished apartments for vacation and companies that exploit; in the law 21/2011, from 15 December, on the modification of the law of urban property leases, and in this law.
Second final provision this law shall enter into force within 15 days to be published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 23 January 2014 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra