For one reason or another, more than two weeks after May 24th, 2023, we are still not very clear about the New Rental Law that was published in the BOE, https://www.boe.es/eli/es/l/ 2023/05/24/12. Perhaps few have read the entire law but all of us, of course, know that from that date the real estate brokerage fees will have to be paid by the Landlord, that is, the owner. Several real estate companies continue to charge the Tenant the monthly payment, changing the concept to “various real estate services”, and we understand that, although it may be legal because a real estate agent provides a service and can charge it, it is not ethical and it is a solution too “simple”. In just a few days there have already been complaints from the Facua – Consumers in Action association and the OCU recommends the Tenant to claim, even if we know that this means time and money. As real estate agents, we are still looking at how to act because we believe that ethics and professionalism can continue to be the right path for the satisfaction of both parties, landlord and tenant. Before all this “Germanism” of the collection of fees refers exclusively to “5 or 7 year habitual residence contract” and it seems to us an important help for those who actually need such a long-term home. As professionals we cannot help but underline that the reality of these types of contracts is not so simple and, especially in big cities like Barcelona Madrid Valencia etc etc, where there is a high demand for these types of contracts that end long before the 5 or 7 years, in fact it is usual for the tenant after a year or a little more to notify the owner that he is leaving the apartment. Obviously the foreigner who comes to live in these cities and does not know them well, the more digital nomad type of life, buying a flat, and in general a more dynamic society favors this dynamic. In addition, several interested in renting homes “seek” these types of contracts to obtain a lower price and better conditions, well knowing that their intentions and needs are very different. Thus, many owners will be forced to pay contract fees every year or two that technically should have been long-term but in fact are short-term or other than main residence. Therefore, here we suggest integrating this law, which seems to us correct in its essence even if we believe that it has not been done by consulting any professional in the sector, with the possibility of the owner charging a monthly penalty for each year of the contract that remains for achieve, which was and still is an owner´s right given by law. In this case, we believe that the Landlord will want to pay the fees and the future Tenant will have no problem accepting these conditions, which does not necessarily have to cover the entire stay, but rather the first 3 years, if they need permanent housing. Otherwise, the penalty can be limited to the first year and the Lessee continue paying the fees as real estate services or rather make a contract for use other than habitual residence. This proposal that integrates the novelty of the fees with a right of the Landlord we believe can be beneficial to avoid the controversies of these days, not forgetting that ethics, trust, balance and professionalism must always be before any law, new or old as it is. Davide Rigoni CEO InvestmentsBCN
Real estate ethics and the New Rental Law 2023 – A proposal
