GIPE Newsletter (Nº24.167) June, 3th, 2025

LEASES:

RESIDENCES OVER 300 SQUARE METERS

Rental contracts for homes with a surface area exceeding 300 square meters or whose initial annual rent exceeds 5.5 times the Minimum Interprofessional Wage (SMI) are regulated by the parties’ free agreement.

In this context, an agreement establishing a minimum stay period of 12 months for the tenant was deemed valid, given that both the surface area and the rent of the home exceeded the aforementioned limits.

Furthermore, the argument that this period violated consumer protection regulations was rejected, as a one-year term was not considered disproportionate.

IT’S MORE WORTHWHILE FOR ME TO SELL IT…

You own an apartment currently rented under an old rental agreement, and given your financial circumstances, it seems more convenient for you to sell it. But the question arises: Who might be interested in buying it? A good option is to find an investor and present the benefits this transaction can offer.

An investment opportunity.

Rental properties with old leases—that is, those signed before May 9, 1985—have a significantly lower market value than those that are unoccupied. This is due both to the existence of a tenant with the right to remain in the property and to certain legal restrictions that affect the sale price. Therefore, this type of property can be attractive to investors looking for long-term opportunities.

Aspects to consider.

Old leases include a mandatory extension clause, which means that the tenant has the right to continue living in the property until their death, unless there are family members with the right to continue the lease. Furthermore, although the tenant has a right of first refusal (that is, priority to purchase the apartment if you decide to sell it), this does not represent an obstacle to the sale itself.

GIPE: Together we will be stronger