Law of urban properties leases since the General Council in its session of June 30, 1999, has approved the following: law of urban properties leases preamble the current law of urban property leases, approved by the General Council on 2 and 3 September 1993, has demonstrated its usefulness and has led to some extent balance the interests of the parties , landlords and tenants, in the leases of houses and business premises.
The experience gained during his five-year term, allows today to make an analysis of the results of its practical application and realize the convenience of contribute certain modifications with a view to adjust even a little more that balance of interests, in the case of the most weak, and correct "also certain dysfunctions that have been found.
The most important modifications contributed to the new law of urban property leases, as well of some amendments that aim to simplify and to others that provide more precision, to alleviate certain loads imposed on the leaseholder and grant it a greater legal security. They include the following: 1. In general. Limitation of the guarantee deposit in two monthly instalments of income and its application to cover all contractual obligations.
Limitation to a month from the obligation of advance payment of the rent. Accuracy of the concepts of complementary services and supplies by the lessee. Inclusion in the general scheme of the leasing of lands for a use different from the agricultural exploitation, forest or terracing, while with submission to limitation with regard to the update of the income. For reasons of fairness, of procedural economy and abolition of the situation of imbalance, suppresses the judicial procedure called "Summary" in the previous Law and submit all disputes and issues arising from the lease contract in a civil procedure that takes into account the specialties that have loved space.
2. In the lease of dwellings. It gives more protection to the dwelling with a minimum of five-year lease, with the Faculty of early resolution, without compensation on the part of the tenant as long as they communicate through notice three months in advance and with the extensions left unspoken by periods of one year.
3. the lease of business premises. It is anticipated the possibility that the lessor have to consent to a length of lease for a period that can be up to seven years, at the request of the lessee, when, for the operation of the business object of the contract, have to carry out improvement works on leased sites (out of furniture and equipment in the business) that will involve a higher investment in the amount of three years of initial income. In the event of early termination of the contract by the lessee, it maintains the obligation to notify by means of notice and to compensate, albeit with a monthly income for each year remaining of duration of the contract. It also extends the term of the tacit extension of up to two years.
Title I common provisions chapter I. Ambit of the Law Article 1 this law regulates the legal contracts of lease of urban properties, both for housing, as well as those that are intended for the exercise of an activity of trade, industry, professional, of education, or of any other kind.
Article 2 Are excluded from the scope of this law: 1. The use of households by goalkeepers, keepers, security guards, workers and civil servants that the rank by reason of which develop or of the service they provide.
2. The contracts of lease of a property with home/housing, in which the main purpose of the contract is the agricultural exploitation, forest or terracing of the estate.
Second chapter. Characteristics of the arrendable Article 3 The urban estates for lease must be in accordance with the rules of occupancy in force.
Article 4 1. Urban farms for housing can be rented if you do not have a certificate of occupancy.
2. The number of people living in the property leased for permanent and can not be, under any circumstances or in any circumstance, greater than the maximum number foreseen in the certificate of occupancy.
Article 5 is considered to be the lease of housing that you have 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.
Article 6 1. Local business's lease is considered to be the one who has to a habitable building the main target of which is to exercise an activity of industry, trade, warehouse for an industry or trade, professional, school or any other comparable.
2. It is also governed by the present Law leases of land intended for any other use other than agricultural exploitation, forest or terracing.
Title II. Of the lease in general chapter. Of the lease 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 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.
Second chapter. Of the Contracting Parties Article 8 1. It is called the lessor one who, being the owner of the estate or enjoying a sufficient title, is obliged to give its use in whole or in part.
2. It is called the lessee that which agrees to acquire the use of the estate and is obliged to pay the rent.
3. The ability to be lessor and lessee is governed by the General rules of the contract and the special provisions of this law.
Article 9 are considered sufficient qualifications to give an estate leasehold the usufructuary, emfiteuta, superficiari and all other rights of a similar nature.
Article 10 1. Parents can give on lease the property of minor children for a period of no more than the one you are
missing, in the past, to reach the adult age.
2. the tutor or curator requires judicial authorization to lease the goods of the persons subject to guardianship. Governed, when it is the case, the same limitation set out in paragraph 1.
Article 11 in the case that the contract is made in favour of more than one person, all coarrendataris enjoy the rights and have to comply with the obligations resulting from the lease. Reply all severally in front of the lessor of the payment of the income.
Third chapter. The form of the contract Article 12 The lease can be verbal or written form. If it has been agreed verbally, either party may URcompel.lir the other to formalize it in writing.
Article 13 When the lease contract is agreed for a period exceeding five years, must necessarily be formalized in writing.
Article 14 If the estate leases with furniture or special facilities, has been added as an annex to the contract the corresponding inventory. It is assumed that the furniture or facilities are in good condition if it has not been made expressly otherwise.
The fourth chapter. Of the bond Article 15 1. The parties may agree on the provision of a guarantee that in no case can not be greater than the amount of two monthly payments of rent.
2. The deposit is intended to ensure that the tenant meet its contractual obligations and cover the damages that may be caused to the property leased, without prejudice to other legal actions that may arise.
3. The deposit is in the possession of the lessor. This is bound to return it at the end of the contract, to receive the keys of the property leased, unless it is to apply, in whole or in part, for the purposes set out in the above paragraph 2, subject to justification documentary the lessor makes their yields of the bond.
Chapter five. The duration of the lease Article 16 The lease ends at the end of the term agreed upon, without requirement.
Article 17 1. If once the agreed period, the tenant remains 15 more days to enjoy the property without the express opposition of the lessor, it is understood that there is correction of the tacit contract. When this law or the parties not establish otherwise, tacit is the correction for a period equal to the stipulated for the payment of the rent.
2. In the case of retraining, the constant tacit obligations you were able to engage a third party to the security of the main contract, Covenant saved otherwise.
Article 18 1. Leases granted to hideaways, superficiaris and others who have a similar law on the estate, they burn out with the death of the lessor if the lessee knew that circumstances at the time of the conclusion of the contract.
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 period agreed.
Article 19 the lessee can unilaterally give up the lease before you decide whether the deadline agreed by means of a notice of one month for each year or fraction remaining for the completion of the contract.
If the tenant does not comply with this obligation, you must indemnify the lessor with an amount equivalent to a monthly income in effect for each year I get to meet.
Chapter six. Of income.
Article 20 the parties in the contract freely agreed upon income.
Article 21 1. The rent is paid in the manner agreed. In the absence of agreement is paid on a monthly basis and within the first five days of each month. The lessor cannot require advance payment of more than one monthly payment.
2. The address is that of the lessor, unless you have designated another, or that you have agreed to pay for any other procedure that provides proof in the form of notice effective compliance with this obligation.
3. The lessor is obliged, in all cases, to deliver the corresponding receipt.
Article 22 the is updated on the conditions stipulated in the contract.
Article 23 1. Besides the rent, the tenant is obliged to pay to the lessor, or directly to the corresponding supplier, the expenses that originate from supplies and services you enjoy. Have this consideration the doorman service and supplies of water, electricity, gas, heating, air conditioning, telephone and other similar.
2. To make the payment, the lessor must justify to the lessee the amount that corresponds to pay for these services and supplies. To determine the individual cost of each service, if the estates that enjoy it are more than one and there is no individual counters, the total cost is distributed between them depending on the surface area of each farm.
3. the invalid the agreement in which they agree to pay a sum preufetera for all or certain services.
4. the amount of the services, when they are due to the lessor, is complementary to the income, but it is calculated for the purpose of eviction for non-payment.
Article 24 1. In the case of agreed services of heating and hot water, you should specify in the contract: a) the period of the year and the hours of the day you have to pay yourself. If you do not note it is understood that the hot water is provided throughout the year and 24 hours a day, and the heating, between 1st November and 30th of April if the farm is located at an elevation of less than 1,200 meters , between 15 October and on 15 may if it is at a height of more than 1,400 1,200 metres and less than, and between the 1st of October and the 31st of may if it is at a height of more than 1,400 metres, and from 6 to 24 hours a day in all cases.
b) the cost of the service for the first year and the bases of the update for the following, taking into account the cost of the energy used and other factors that influence the cost.
2. If any of the services by the lessor is not provided, or is provided in a notoriously irregular or deficient, the lessee does not have to satisfy the amount of the service during the time of the poor benefit.
3. If the lack of provision of service was due to fault or negligence of the lessor, the lessee has the right, moreover, to receive compensation equal to the amount of the service during the time of the poor benefit, while this right of indemnity does not exempt from the obligation to pay the rent.
4. Otherwise, if the lack of provision of the service was
due to mourning for the lessor, without prejudice to the actions that correspond to the tenant, this is not the payment of the rent for the entire time of the lack of benefit.
Article 25 1. The realisation by the lessor of works to improve the thing leased, or on items and common services of the estate, Interior or exterior, gives you the right, unless there is an agreement otherwise, to raise the annual income in the sum that is to apply, the capital invested in the improvement, the type of legal interest rates at the time of the completion of the works but the increase may not exceed 15% of the income.
2. In the case of several tenants of the same property, the cast is done in proportion to the leased area.
3. If on the same farm there are homes and business premises, the increase in the income tax return does not apply to the latter when the improvements benefit only the occupants of the houses and vice versa.
4. improvement works are considered to be all those that are not necessary to preserve the thing leased in use for the agreed use.
5. The right of revision of the provisions of this article you can only exercise the lessor when the legal minimum period has elapsed duration of the lease or of any of the extensions, provided that the lessor has notified in writing his intention to the lessee with a minimum of three months.
Chapter seven. Of the obligations of the Parties Article 26 the lessor is obliged to: 1. Deliver to the tenant the property the subject of the contract, so that you are able to use in the use to which it is intended.
2. Provide the renter sufficient information about the technical characteristics, the facilities and services of the House or business premises.
3. Deliver to the tenant a copy of the certificate of occupancy.
4. Check on the property leased and in their facilities, the necessary repairs so you can continue the earmarking to the purpose for which it was leased. It excepts those repairs that are the result of damage referred to in paragraph 10 of the article below that were given by the lessee. Purely by way of example, it is considered to be repairs by the lessor which affect the structure of the building, the roof, the walls, the lobby and the stairway, the facilities and the rest of items of common use.
5. Have signed and to maintain in force a policy of insurance that covers sufficiently the damages that may be caused to the lessee and third parties.
6. Ensure the tenant using the leased thing and the enjoyment during all the time of the contract.
7. Consent to the installation of antennas of radio and television in the way envisaged by the competent administrative body and in accordance with current regulations and always in the way that harms less the aesthetics of the building.
8. Pay the cost of the lease.
Article 27 the lessee is obliged to: 1. pay the rent or the price of the lease and, where appropriate, the additional amounts, under the terms agreed and, in default of agreement, in the manner provided for in articles 21 and 23 of this law.
2. Use the leased property and the facilities and services with the diligence of a good family, and devoted to the use agreed and, in any case, that is of its nature and of the purpose for which it was built.
3. Check in the property leased or in their facilities, those small repairs that are the result of ordinary wear and tear.
4. Consent to the entry of the lessor in the leased estate, in order to inspect it, in daytime hours to be arranged.
5. Put up with the repairs on the leased property. If the repair lasts more than 30 days, the lessee has the right that you decrease the income, during the time of repair, in proportion to the part of the property of which it has been deprived.
6. To inform the lessor any harmful innovation to occur to the leased property.
7. Have signed and to maintain in force a policy of insurance that covers sufficiently the damages that may be caused to the lessor and third parties.
8. Return the property to the end of the lease as received, saved the deterioration caused by the passage of time and the normal use or due to inevitable. If the contract is not expressed what was the State of the property at the time of the lease, it is understood that he was in good condition, except in reverse.
9. While the return is not carried out, and as long as they have not been expressly agreed to in a different regime, continue paying rents, updated where appropriate, for compensation for the illegal occupation.
10. To respond to the damage caused to the property leased, unless you try to be caused without his fault, nor the people who live with him.
Article 28 If the lessor or the lessee do not meet the obligations imposed in the previous articles, the part affected by the breach can request the termination of the contract and compensation for damages that he has caused the breach, or only this second and leave the subsistent contract. So you can have the resolution, it is necessary that the breach affects an essential condition of the contract.
Article 29 the tenant can, in any case, terminate the contract if the work that has to be made to the leased property is uninhabitable or counted for the activity that is carried out.
Chapter seven. The suspension of the lease Article 30 When by order of the competent authority must run works to prevent the estate keep busy, the lease contract is on hold for the long term that those, and also suspended the obligation of payment of the income. However, in this case the lessee can opt for termination of the contract.
Chapter nine. The extinction and the resolution of the lease 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.
d) extinction of the usufruct, if the user had granted the lease and this circumstance included in the contract.
e) Declaration of ruin or expropriation of the estate
2. The death of the tenant is not cause for termination of the contract until you reach the agreed, if the spouse, ancestors or descendants who have lived with the tenant in the House, preferring to continue the lease for the period mentioned.
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 32 Ultra those included in the previous article, the lessor can give to resolved the tenancy and order eviction of the tenant, for the following reasons: 1. The non-payment of rent, their increases and additional amounts are equivalent to the income for services or supplies. This cause is not valid when what there has been is not lack of payment, but lack of payment on the part of the lessor.
2. The sublessor, or total or partial assignment of the property leased, without permission of the lessor.
3. The breach by the lessee of the essential conditions of the contract or which have been agreed with major character.
4. the lessee, or the people who enter in the farm, there is cause for damages for bereavement or recklessly, or carried out, without the consent of the lessor, which modify the configuration of the property leased, or the common elements of the building, or that weaken the nature or the resistance of the materials used in the construction.
5. That the lessee, or the people who live there, carry out activities that are notoriously immoral, dangerous, uncomfortable or unhealthy on the inside of the property leased or in the common elements. It is understood that noticeable discomfort occurs when the lessee, with the activity carried out in the leased property or the way they behave, publicly or in private, peaceful co-existence of the guests who disrupts other property.
Article 33 In the properties that are in cubic or installation is horizontal property plots because of resolution, in addition to those included in the previous article, the breach by the lessee or by the people who live of the prohibitions contained in the regulation or the statutes of the joint ownership, provided that the tenant you have had knowledge Express.
Article 34 Without prejudice to its right to demand the fulfillment of the obligations of the lessor, the lessee may terminate the contract before the expiry of the period agreed upon, without prior notice, to any of the following reasons: 1. Failure on the part of the lessor of the terms that have been agreed upon in the contract of lease with essential character.
2. The perturbations of fact or of law which the lessor make in the property leased.
3. The lack of execution by the lessor of the repairs needed to go by her.
4. lack of provision by the lessor of the services that are specified in the contract.
5. The fact that the incumbent of another apartment or premises of the building carried out immoral activities, uncomfortable, dangerous or unhealthy that affect them in any way.
Tenth chapter. Of the sublessor Article 35 1. Sublessor exists when the tenant gives to a third party, the use of the property leased by certain time and a certain price.
2. The sublessor necessarily requires the written permission of the lessor.
Article 36 Between sotsarrendador and sotsarrendatari the principle of freedom of covenants.
Article 37 The sotsarrendatari cannot, in turn, sublet all or part of the property. The contract of sublessor who sotsarrendatari agreed with a third is null.
Article 38 is applicable to the contract of sublessor to the regulations referring to the lease contract, replacing the terms "lessor" and "tenant" to "sotsarrendador" and "sotsarrendatari".
Title III. Of the lease of dwellings chapter. Of the lease of housing for permanent residence and Article 39 Will cover in this chapter, the leases of dwellings referred to in article 5 of this law.
Article 40 the fact that the tenant or his spouse exercise inside the House, with permission of the lessor, a profession of liberal character, does not lose the status of lease of the property for permanent residence and, as long as it effectively.
Article 41 of the rules of the present chapter does not apply to regulated leases in the second and third chapters of this title.
Article 42 1. The period of duration of the lease of houses for permanent residence and cannot be less than five years. The period is counted from the date of conclusion of the contract or from the availability of the apartment, if it is later.
2. Leases for which it has become a term of less than five years, or those for which hasn't been set no deadline, will be considered by a period of five years, if so suits to the lessee.
3. Over the period of validity, the contract is extended tacitly for periods of a year, saved a part does not notify the other of its desire to give it to resolved with a minimum of three months to the end of the term or of any of the extensions.
Article 43 in the case of annulment of marriage, separation or divorce of the tenant, the spouse acquired (by the Ministry of law) the use of the dwelling, or subroga in the lease, if you so choose to the competent judicial body.
Article 44 1. In the event of death of the tenant, you can replace it in the contract, by the time that Miss the deadline stipulated, the spouse of the lessee, the descendants and ancestors that there is live at the time of the death.
2. When there are several beneficiaries of the right of subrogation, can only exercise it one among them. A lack of agreement between the interested parties, follow the order indicated in the preceding paragraph, preferably, within each group, in the proximity of degree. The cases of equality are resolved in favor of having more family burdens.
3. The subrogation, to be valid, must report to the lessor within 60 days following the date of death of the tenant. In the notification it must state the personal circumstances of the subrogat.
Article 45 1. The rent is agreed freely between the lessor and the lessee.
2. The update of the income, if they agreed, cannot practice more than once each year of the contract, and taking into account as most of the variation you've experienced the general consumer price index for
the previous calendar year and taking as a basis the income that is paid at the time that the right to review.
Any other income that review system agreed upon by the parties is null.
Article 46 1. If the tenant, your spouse or one of the family members who live there suffers from a disability, is authorized by the Ministry of law, to carry out the works that are essential to adapt the House to that condition.
2. At the end of the lease and in respect of those works that do not constitute improvements of the property, the tenant is obliged to replace the housing to its previous state, if requested to do so the lessor.
Article 47 the covenants that modify to the detriment of the lessee the rules of the present chapter is null and is not considered established.
Article 48 the rules that collect the title II of this law for the lease are applicable to leases referred to in the present chapter in everything that you do not versus offline.
Second chapter. Of the lease of dwellings that do not serve as usual and permanent residence Article 49 leases of dwellings that do not serve as usual and permanent residence are governed by the rules set out in title II of this law for contracts of lease of urban properties in general.
Third chapter. Of the lease of houses for holidays Article 50 are considered residential leases for vacation contracts that cede the use of a home with furniture for no more than three months. If, as a result of extensions or renewals, the lease extends for a period in excess of three months, the lease loses its consideration of housing lease for vacation.
Article 51 The leases of houses for holidays are governed by the provisions set forth in the general law of the tourist accommodation.
Title IV. Of the lease of premises for business Article 52 Will cover in this title the leases referred to in paragraph 1 of article 6 of this law.
Article 53 In the lease of premises for business governs the principle of freedom of covenants, except where this Act provides otherwise.
Article 54 1. The period of duration of the contract of lease of premises for business is the one that will suit you the parts, but cannot agree to terms of less than five years.
2. Are understood by a period of five years the leases for which it has become a lower duration, or those for which hasn't been set no deadline.
3. The lessor has to consent to the lease for a period that can be up to seven years, at the request of the lessee, if this justification for the use of the contract object is to perform works by improving the local leased (with the exception of furniture and equipment in the business) that will involve a higher investment in the amount of three years of initial income. The term of the lease is reduced to a minimum of five years if these improvement works are not carried out, or is only carried out partially and below the investment figure.
4. Finish the term, the contract is extended tacitly for periods of two years, saved a part does not notify the other of its desire to give it to solved, with a minimum of six months to the end of the term or of any of the extensions.
Article 55 the rent is agreed freely between the lessor and the lessee. The update of the income is subject to the same limitations that are set for the lease of dwellings in the paragraph 2 of article 45.
Article 56 the lessee can unilaterally give up the lease, by means of an advance warning of two months for each year or fraction you want for the end of the contract, with a minimum of six months, and in addition, with the obligation to indemnify the lessor with an amount equivalent to a monthly income for each year that is to comply.
Article 57 the rules established in this title does not apply in the following cases: 1. If the object of the contract is not only local, but also the industry or the business you are established, when represent a property unit with own life can be exploited immediately and only pending administrative formalities.
2. If the object of the contract is the operation of the business for one or more seasons.
Article 58 The local transfer of business requires the consent of the lessor and is governed by that stipulate the parties.
Article 59 1. During the agreed duration of the lease of premises for business can replace it the heir or heirs of the business, provided that the business is in the death of the owner. But this principle ends in becoming extinct the expiry of the lease term.
2. If the heirs are more than one, can get OK to the subrogation takes place solely in favour of one of them, as long as they notify the lessor in writing within 60 days of the date of the death. If you do not do so, all the heirs are subroguen in the lease and, in case you die of them, are still on the lease as to subrogats the other. All are bound severally to the fulfilment of the obligations of the lessee and to pay the rent.
Article 60 the rules that collect the title II of this law for the lease are applicable to leases referred to the present title in everything that you do not versus offline.
Title v. mixed housing Leases and business for Article 61 contracts of lease of urban properties with the purpose of being applied at the same time in housing and business premises are governed by the rules applicable to that which constitutes the essential object.
Title VI. Leasing of lands for a use different from the agricultural exploitation, forest land leases 62 terracing or Article intended for a different use of the agricultural exploitation, forest or terracing are governed by the rules set out in title II of this law for the lease contracts in general, except for the update of the income, which is subject to the limitations set forth in paragraph (2) of article 45.
Additional provisions First The effects of this law, the person together with extramatrimonialment with the lessee, who is steadily martially equates to the spouse.
Second all the actions that are carried out with the aim of resolving the litigation, the relationships and the obligations derived from leases, regardless
of their economic amount, you'll be substancien in accordance with the rules of civil procedure as follows: 1. Are legitimate part to exercise the action those who have the title of real estate owners, hideaways or any other concept that give them the right to enjoy it, and their successors.
2. Demand can go: a) against the tenants.
b) Against administrators, managers, doormen, security guards or other people that the lessor has been set within their estates.
The plaintiff has to address the demand with the corresponding copies to the Batllia stating your name and address, the name and the address of the respondent, the facts and the foundations of law that bases its claim and the specific request addressed to the Court.
Within a period of five days of the deposit, the president of the Providence Mayor designating that corresponds to dictate which will demand.
The Mayor cites the defendant, with transfer of the demand, and the quote to appear to answer within eight days.
When they are two or more defendants, they will have to answer the demand, together or separately, both within the deadline set in the previous article.
If the appointed day for the answer to the demand the actor fails to appear, it will be considered that he has desisted and is destined to pay all the costs of the trial. If the defendant fails to appear, may be declared in URrebel.lia at the request of the actor, giving to answered the demand and will follow the corresponding course.
If you appear within the period set forth in section 4, the respondent formula counterclaim in answer to the demand, you will transfer to the actor for what answer within a period of eight days.
3. Once answered the claim or the counterclaim if it is the case, the Mayor cited the parties at trial of evidence within the period of eight days, pointing to a day and time that you may not alter if not for exceptional reasons.
4. on the date indicated, the Mayor opens the trial of evidence in deciding on the admission of the proposed tests and join the aunt the documents enclosed in that time.
If the Mayor understands that some of the proposed evidence is not relevant, the plan was for motivated. Against this Agreement shall not be there may lodge an appeal and can only make the protest of the affected part so that it can be taken into account, in the event of an appeal, by the Court concerned.
5. If you accept evidence that they are not practicable in the same Act, the deadline for the may not exceed, in any case, the fourteen days from the date of the opening of the trial evidence. The Mayor may also decide ex officio the practice of the evidence as it deems appropriate.
6. Once the tests were carried out, the Mayor gives the parties a period of eight days to present conclusions.
7. When you have presented the conclusions or the deadline for doing so, the Mayor gives judgment in the non-extendable term of thirty days.
In the event of the notification warned the parties of the right to appeal in appeal and the deadline for doing so.
8. Against the judgment in the first instance, it is possible to lodge an appeal appeal presented directly in front of the Mayor, within thirteen days from the notification of the judgment. In the written appeal, the appealing has based its revocation claim motivadament.
9. The same Mayor gives the writing resource to the appeals for what it considers to be installed from another legui. period of thirteen days.
10. Once engaged in the activities referred to in the previous section, the Mayor raised the aunt in the room of the Civil Court in accordance with the General rules, and this, without any other procedure, unless one of the Parties requests the oral trial, gives judgment within thirty days of receiving it.
11. All exceptions and incidents that arise during the procedure in the first or second instance should be resolved in the sentence.
12. you may not admit appeal of appeal that stands the lessee if not credited to keep track of payment of rent, or have legally consigned its amount. The lessee is obliged to pay or consignment of the incomes that are winning for the substantiation of the resource. Failure to comply with this obligation gives rise to the resource's expiration, unless required by the Court to the meet, the tenant would meet this obligation within a maximum of eight days.
13. When the resolution of the lease occurs for non-payment of rent or of the quantities that are equivalent, are taken into account, in addition, the following rules: The eviction can be enervat to the lessee by the consignment of the income due if it does, at the most, on the date indicated for the answer to the demand.
in) this enervació does not occur if you have produced another within a period of twelve months immediately prior.
b) if the respondent is in URrebel.lia it is sufficient that the judgment is notified by publication in the official bulletin of the Principality of Andorra.
14. The relapse, in cases in which have the termination of the contract of lease, is executed by the mayor who has known of the dispute in the first instance and in the following way: a) whenever the firm judgment that condemns the eviction and once returned the aunt in the Batllia in the event of an appeal, it proceeds to the execution at the request of the actor. The mayor ordered that the defendant apercebeixi of eviction in the case that you do not desallotgi the property within 15 days.
b) Providence which orders the execution of the sentence and the release, when appropriate, are notified to the defendant in the same terms in which he would have made the quote, if it is found in the Principality. Otherwise, it will notify by means of the publication in the Official Gazette, with the same effect as if it had been notified personally.
c) after the deadline pointed out without that the defendant had vacated the property, we proceed with the release.
d) any appeals that may be lodged in the period of execution does not prevent this is carried out.
Transitional provisions First the provisions of the present law is to apply to contracts held since their entry into force and all leases held in the past from the time when the contract is renewed tacitly for retraining. However, the provisions of article 45 paragraph 2 and 55 relating to the updating of the income, are applicable
Second civil procedure established in the second additional provision applies to litigation that started after the entry into force of this law.
Third 1. Within a period of three months from the publication of the law, the Government has to determine the substantive rules and regulations governing procedure for the obtaining of the certificate of occupancy referred to this law. This Regulations discriminate farms depending on the date of construction and the terms of which the owners to obtain the certificate of occupancy, and can also set different periods depending on the date of construction. In any case, the certificate of occupancy is valid for ten years.
2. While this legislation has not been enacted, are on hold the obligations relating to the procurement and delivery of the certificate of occupancy.
Fourth 1. The Government should dictate the necessary provisions for determining and periodically publish a general index of consumer prices of the Principality of Andorra.
2. While not published that index, the Government, taking into account the indices of the neighboring countries and other economic parameters that it considers significant, should determine periodically, by Decree, an indicator that fulfills the functions of that, for the purposes provided for by this law.
Repealing provision abolishes all the previous provisions that contradict to what is established in this law, and specifically the law of urban property leases, dates 2 and 3 September 1993.
Final provision this law shall enter into force within fifteen days of its publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 30 June 1999 Francesc Areny Casal 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.
Jacques Chirac Joan Martí Alanis, President of the French Republic the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra