We analyze certain doubts about interpretation arising from some of the provisions enacted due to the crisis caused by COVID-19 in relation to leases.
On March 26, 2020, the Government approved and submitted to Parliament a proposal for exceptional legislation (Draft Bill nº 21/XIV) that will allow for the deferral of the payment of rents due under lease agreements, during the emergency period of the epidemic caused by the SARSCoV-2 coronavirus and the COVID-19 infectious disease.
The Act of 2 March 2020 on special arrangements for preventing, preventing and combating COVID-19, other infectious diseases and crisis situations caused by them (hereinafter referred to as 'Special Law'), introduced into the Polish legal order measures and regulations of an emergency nature, the common aim of which is to define the principles and modalities for preventing and combating SARS-CoV-2 infection and for combating the spread of disease caused by that virus, including the principles and modalities for taking anti-epidemic and preventive action to inactivate the sources of infection and to intersect the routes of spread of that infectious disease.
Pandemic has entered the world’s daily vocabulary in the most dramatic and unexpected way. As the severity of the situation worsens, a growing number of legislative initiatives attempt to address the needs of citizens and society in the face of the outbreak. This note is aimed at reporting on the main legislative or regulatory initiatives that have been taken in Portugal with a view, mainly, to protecting society against the spread of the new coronavirus and the effects that the pandemic causes on social and economic life.
On the 4th of September 2019, Law no. 97/2019 was published in Portugal’s Official Journal introducing the first amendment, approved under a parliament review, to the Real Estate Investment and Asset Management (SIGIs) regime, approved by Decree-Law no. 19/2019, of 28 January.
Recent amendments to the urban lease regime set forth limitations as regards duration and extension of commercial leases, as well as on termination by the lessor, bringing back a higher level of regulation to the rental market with the objective of protecting tenants.
Royal Decree-Law 21/2018 of December 14, 2018 on urgent measures regarding housing and rental has amended a range of laws taking in the Urban Leasehold Law, the Horizontal Property Law, the Civil Procedure Law, the Local Finances Law and the Transfer and Stamp Tax Law.
The Plenary Session of the Consell de Mallorca, on January 26, 2018, has approved, initially and subject to certain procedures, the provisional delimitation of areas suitable for the commercialization of tourist stays in dwellings for residential use in Mallorca, in accordance with the provisions set forth in of Law 6/2017, July 31, of modification of the Law on tourism in the Balearic Islands, regarding the commercialization of tourist stays in dwellings, and Decree law 3/2017, August 4, of modification of the Law on tourism in the Balearic Islands, and of measures to face the emergency in dwelling matters in the Balearic Islands.