The judge of First Instance No. 3 in Barakaldo has prohibited a landlord from filing for eviction and claiming unpaid rent for a leased property that was closed due to the COVID crisis.
The judge has accepted the request of the tenant. He argued before the judge that he could not continue paying rent, since the Shopping Center that housed the premises closed, which made the rent lose its meaning, he said. The order accepts (provisionally) that there are unforeseeable and substantial changes in the circumstances around the contract that effectively devalue it, resulting in an unfair increase in costs for the tenant.
Thus, the judge agrees to the temporary suspension, during the processing of the proceedings, of the guarantees provided by the former in favor of the lessor, with a prohibition of their execution, as well as a prohibition to file an eviction action or a claim for non-payment of rent during the processing of the proceedings, establishing a grace period for the payment of rent during the validity of the State of Alarm, as well as for the case of a new outbreak.
Likewise, it establishes a variable provisional rent in direct percentage relation to the sales of the plaintiff and a 50% decrease or reduction in all the expenses and contributions related to the Shopping Center where the plaintiff's business is located. Read more
How can we help you? Contact us now.
