What is it?

A lease is a bilateral contract whereby one of the parties undertakes to give the other party the enjoyment or use of a thing for a certain period of time and a certain price.

These features are those that characterise the legal relationship, in which the lessor is the one who is obliged to cede the use of the thing, carry out work or provide a service, and the lessee is the one who acquires the thing or the right to the work or service that he is obliged to pay for.

It is a contract that is perfected by mere consent and of successive tract, as its execution extends over a period of time.

In the real estate field, three types of lease are distinguished.

Urban Leases

Only the Ley de Arrendamientos Urbanos (L 29/1994) is applicable to these leases. They are of two types:

  • rental for housing: the object of this type of lease is a habitable building whose primary purpose is to satisfy the tenant's permanent housing needs (no. 6870); and
  • rental for use other than as a dwelling: this is a rental of a building, the primary purpose of which is not to satisfy the tenant's permanent need for a dwelling. It is therefore considered as a residual category.

Rural Leases

(L 49/2003 art.1)

In rural leases, one or several properties, or part of them, are temporarily ceded for agricultural, livestock or forestry use in exchange for a price or rent. These are considered to include leases of agricultural, livestock or forestry holdings, to which the provisions of the Rural Leases Act (L 49/2003) are applicable, compatible with their nature and always in the absence of what the parties expressly agree.

Other leases

These leases form a sort of residual category in which various types of contracts are included. Among them, some of those not included or expressly excluded from the scope of application of the LAU and the LAR, regardless of the nature of the leased property (LAU art.5; LAR art.6 s.). Without wishing to be exhaustive, some of them are set out in the following numbers.

  • Industry
  • Doormen, caretakers, employees, employees and civil servants
  • Sumptuary dwellings
  • University housing
  • Others

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