GIPE Newsletter (Nº24.195) December 18th 2025

LEASES:

IS IT NECESSARY TO APPLY A DISCOUNT?

If your tenant has stopped paying rent and you are considering initiating eviction proceedings, you may wonder whether you are obligated to first attempt to negotiate with the debtor. If so, it is also common to wonder whether such negotiation requires granting a reduction in the debt or a payment deferral.

ADR (Appropriate Means of Dispute Resolution)

Preliminary negotiations cannot be limited to a mere payment demand, nor do they obligate you to grant discounts, offer payment plans, or waive your legal rights. It is sufficient to offer the tenant the possibility of fulfilling their obligations without resorting to legal action. Furthermore, the conditions proposed during this negotiation phase do not bind you in any subsequent legal proceedings.

Confidential binding offer.

In these cases, the best course of action is to make a “confidential binding offer,” granting the tenant a reasonable timeframe to pay the full amount owed. If 30 calendar days pass from the date the offer is made without the tenant accepting it, you can file a lawsuit and demonstrate that you attempted a prior out-of-court settlement.

In short, prior negotiation does not require offering a discount or payment plan; simply granting a reasonable timeframe for full payment of the debt through a confidential binding offer is sufficient.

REAL ESTATE:

WHAT ARE THE IMPLICATIONS OF BEING A LARGE LANDLORD?

According to current regulations, a large landlord is defined as any individual or legal entity that owns more than ten residential properties or has a total constructed area exceeding 1,500 m² for residential use. Garages, storage units, and commercial premises are not included in this calculation. In Catalonia, the threshold is reduced to the ownership of five or more residential properties.

However, if a person owns three properties located in a designated high-demand area and two others in non-high-demand areas, the latter will not be considered for the purpose of determining large-scale property ownership. Likewise, this status is not acquired when owning a property that lacks a certificate of occupancy, as it is not considered a residential property. Ownership of a building that has not been divided into condominiums is also not included.

Affected Transactions:

Purchase.

Certain autonomous communities establish an increased rate of Property Transfer Tax (ITP) when the buyer is a large-scale property owner. For example, in Catalonia, this rate can reach 20%.

Sale.

In other autonomous communities, such as Valencia or the Balearic Islands, the transfer of a property by a large-scale property owner may be subject to a right of first refusal in favor of the public administration. Therefore, before formalizing the sale to a third party, it is mandatory to inform the competent Administration of the conditions of the operation, so that it can decide whether to exercise said rights.

GIPE: Together we will be stronger.