CIVIL: Lease

Area: Civil Law and Leases

ÁNGEL JOSÉ DEL PINO IBÁÑEZ, Attorney at IN DIEM Abogados, obtains a fully favorable JUDGMENT from the PROVINCIAL COURT OF SEVILLE, Second Division, which raises and analyzes the application of the 1994 LAU to residential lease agreements entered into from May 9, 1985 and still in force as of January 1, 1995…. a matter that is particularly controversial legally and in case law.

Indeed, the legal regime applicable to such lease agreements is particularly debated, both as regards their term and in relation to the possibilities of tacit renewal and/or extension, which had not received unanimous solutions in case law doctrine, all due to the controversy raised by the First Transitional Provision of the 1994 LAU.

The PROVINCIAL COURT accepts IN DIEM Abogados’ position and ultimately rules on the term of such agreements, opting to interpret the 1st Transitional Provision of the 1994 LAU as follows:

“after the tacit renewal under the 1st Transitional Provision, the statutory extension of up to 3 years provided for in Art. 10 of the new LAU must be applied, so that the renewed lease is subject to the tenancy regime of the new 1994 Act, including its term”

Finally, the JUDGMENT of the PROVINCIAL COURT OF SEVILLE fully upholds IN DIEM Abogados’ arguments, both in relation to the contractual term and also in relation to the updated rents, and consequently concludes by ordering the opposing party to pay costs.

http://www.in-diem.com/angel-jose-del-pino-ibanez/