COVID-19 AND THE RENTAL OF BUSINESS PREMISES (use other than housing)
The College of Administrators has sent the following considerations regarding the possibility that the landlord proceed to suspend or cancel the rental payment:
-Neither the LAU nor any other legal provision currently in force contemplates the possibility of suspension of the obligation to pay the rent due to force majeure, without prejudice to the parties having established it in the lease.
- From a legal point of view, the opinions that raise the right to stop satisfying the rent are highly debatable based on the doctrinal clause "rebus sic stantibus" (revision of the contract due to unexpected changes in circumstances) on which there is no a legal regulation which applicability and interpretation would correspond in any case to the Courts.
- The lessee is not unilaterally legitimizing to suspend the fulfillment of the rent payment obligation since the lease is kept in force by both parties on their own terms.
The closing obligations imposed by said Royal Decree (art. 10) affect retail premises and commercial establishments, with the exception of food, beverages, products and essential goods, pharmaceuticals, optical and orthopedic, hygienic, press and stationery, automotive fuels, tobacconists, technological and telecommunications equipment, pet food, internet commerce, telephone or correspondence, dry cleaners and laundries.
The economic damages derived from the declaration of the state of alarm and the closure of the commercial premises must be compensated, in the manner and conditions established.
Despite the above premises, both parties (lessor and lessee) are entitled to agree by mutual agreement to suspend the payment of the rent, postponement or total or partial remission of the rent or to agree to the termination of the lease.