GIPE Newsletter (Nº 24.153) April, 2nd 2025

LEASES:

NEW REFORM TO COURT PROCEDURES

As of April 3, a legal amendment affecting court procedures comes into effect. Before filing an eviction claim, take the new requirements into account.

As of May 3, judges will only admit eviction claims if the following can be proven:

• Attempted Negotiation: You must demonstrate that you have attempted to reach an agreement with the tenant. This can be proven by a document issued by a mediator, conciliator, or independent expert, stating that, despite your efforts, an agreement could not be reached.
• Inability to Negotiate: If you have been unable to contact the other party because you do not know their address (for example, if the tenant leaves without returning the keys or leaving contact information), you can also justify the lack of negotiation.
  

Court Costs: Important New Features

The reform also introduces changes to the payment of court costs. If you have attempted to negotiate before the trial, you may be exempt from paying court costs even if you lose.

• If the losing party proposed an agreement similar to the one ultimately determined by the judgment in an alternative dispute resolution mechanism (ADR), and the other party rejected it, the losing party will not have to pay the costs, or they will be reduced.
• If the winning party refused to negotiate (expressly or implicitly),   you will not be able to claim costs. Furthermore, if the claim is only partially granted, the judge could order the winning party to pay the costs, provided the adequate justification.

In short, if you invite your tenant to participate in an ADR and they refuse, you could be exempt from paying costs if you lose the trial. However, if you do not attempt to negotiate, you could be ordered to pay them if the claim is not fully granted.

FINES FOR LARGE LANDLORDS IN CATALONIA

Several rulings have declared unconstitutional the Catalan legislation that required large landlords to offer social rent before initiating any legal proceedings, such as evictions or foreclosures. Important! With the repeal of this regulation, the sanctioning regime also disappears.

Therefore:

If you have an ongoing sanctioning procedure, you can request its immediate closure.

It is also possible to request a review of sanctioning procedures and final judgments, including those already executed, to recover the fines paid along with the corresponding interest.

REAL ESTATE INTERMEDIATION:

THE SALE SHOULD HAVE INCLUDED THE APARTAMENT AND PARKING!

An intermediary claimed her fees after selling two homes in a development, but the developer refused to pay them, arguing that the sale should also include a parking space with each apartment.

However, the court ruled in favor of the intermediary:

• The contract notes did not establish that the sale of the apartment and the parking space should be carried out jointly.
• Furthermore, the developer himself agreed to formalize the sale of the homes separately.

GIPE: Together we will be stronger