LA LENTA PERO IMPARABLE TRANSMUTACIÓN DEL ARRENDAMIENTO DE VIVIENDA URBANA Hacia un contrato aleatorio y regulado

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Abstract

Renting apartments in Spain is becoming a risky, random business, where the term and the pecuniary consideration for the transfer of use of the property are increasingly uncertain, and at the same time there is a smaller margin of autonomy of the will of the parties to these contracts. This is due to the high risk of non-payment and the difficulty of expelling the delinquent tenant from the occupied property, especially if it is their habitual residence, and they are economically vulnerable. The legislator is also imposing limits on rent increases, increases in the term initially agreed upon through forced extensions, and slowdowns in eviction processes. Spanish legislation is permissive towards the tenant and penalizes the landlord, who prefers not to rent out their homes due to the risks they face, even with the danger of having them empty. This paper analyzes the main risks to which the private owner is subjected that are transforming the nature of housing rental and measures are proposed to promote this rental, always starting from the rental contract and from the point of view of civil law.