Everything you need to know about the new rental law
October 15, 2020
How do I know if I am affected by the law?
This new law 11/2020 applies to new permanent residence rental contracts, i.e. tourist rentals would be excluded. Rental contracts that were signed before 1 January 1995 are excluded, as are housing contracts that already have a specific regime, such as social housing, social rentals, etc.
The housing must be located in an area declared as tense housing. This area includes the following municipalities:
Badalona, Barberà del Vallès, Barcelona, Blanes, Calafell, Castellar del Vallès, Castelldefels, Cerdanyola del Vallès, Cornellà de Llobregat, Esplugues de Llobregat, Figueres, Gavà, Girona, Granollers, l’Hospitalet de Llobregat, Igualada, Lleida, Manlleu, Manresa, Martorell, El Masnou, Mataró, Molins de Rei, Montcada i Reixac, Montgat, Olesa de Montserrat, Olot, Palafrugell, Pallejà, Pineda, El Prat de Llobregat, Premià de Mar, Reus, Ripollet, Rubí, Sabadell, Salou, Salt, Sant Adrià de Besòs, Sant Andreu de la Barca, Sant Boi de Llobregat, Sant Cugat, Sant Feliu de Guíxols, Sant Feliu de Llobregat, Sant Joan Despí, Sant Just Desvern, Sant Pere de Ribes, Sant Vicenç dels Horts, Santa Coloma de Gramenet, Santa Perpètua de la Mogoda, Sitges, Tarragona, Terrassa, Tortosa, El Vendrell, Vic, Viladecans, Vilafranca del Penedès, Vilanova i la Geltrú i Vilassar de Mar.
What is my rental fee?
If the price of the previous contract was below the reference rate, the rent for the new contract cannot exceed the price agreed in the last contract.
If the previous price was above the reference index, with the new contract the price must fall to at least the value of the index.
These maximum prices will be maintained even if there is a change of tenants in the home.
To find out the reference index for housing rental prices, you can consult it here. This price is calculated by making an average price of similar homes in a given radius of the area. The index is calculated according to the useful square metres of the home and the added value of the red part must always be taken into account.
Exceptions from the new rental law to be taken into account
In the case that the house meets a minimum of three characteristics such as
- Have a lift
- Have parking
- Having furniture
- Have heating or cooling
- Have a communal swimming pool or similar facilities such as a terrace, garden, concierge or special views
In these cases there may be a 5% increase in the housing index. These characteristics must be accredited and stated in the contract.
The new law if you already have a rental contract
If you already have a rental contract, during its term, it can only be updated if provided for in the contract.
If you have a long-term contract, you can negotiate a new contract that includes this reduction in rent because in the event that you leave the flat, the price should go down as well.
At Inmobiliaria Espígul we always try to ensure that the two parties to a rental contract agree and achieve the greatest benefit for both parties. Whether you are a landlord or looking for a flat to rent, we will accompany you throughout the process so that you can find the home that suits your needs and you do not have to take care of anything.
If you are thinking of renting a flat and have doubts about the new law regulating rent or how it may affect you in the rental contract, contact us at hola@espigul.com or you can call us on 972 220 110
