Tourist leases
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Cessation of the operation of certain tourist apartments covered by a license
The High Court of Justice (TSJ) of Granada has ruled in favor of a company that operated 29 tourist apartmentsand appealed against the municipality's orderrequiring it to stop renting these apartments as holiday homes. The municipality justified this precautionary measureby stating that the company did not have the necessary municipal licensefor this activity. However, the company argued that both the existence and the content of said license were not clear and, furthermore, for a period of time the administration had toleratedthe use of these apartments for tourism, so it considered the measure unjustified. When analyzing the case, the TSJ points out that the
document submittedby the municipality did not precisely detail which apartments were supposedly authorized, making it difficult to verifyif there was actually a lack of license. Furthermore, the TSJ highlights that the administration did not carry out an adequate assessmentof the affected interests nor justified why it was of the affected interests nor justified why it wasurgent and necessary to adopt such a restrictive measure on a precautionary basis, which constitutes a significantdefect for not respecting the principle of proportionality.
Another key aspect highlighted by the High Court is thatit is up to the administration to demonstrate, with clear evidence, that the company did not have the required license, something that in this case was not done correctly. As a result, the High Court overturns the precautionary measure of ceasing tourist activity, allowing the company tocontinue operating the apartments while the substance of the matter is resolved.
If you find yourself in a similar situation or have any disputes related to tourist or vacation rentals, our professionals can analyze your case and take the most appropriate actions to defend your interests-
Elevator maintenance
Nullity of duration clauses and excessive notice in successive contracts This case deals with a typical contract for “preventive maintenance” of elevators, which are not fulfilled in a single day, but are provided month by month (what is called in law a successive contract). A maintenance company sued a community of owners because it decided to terminate the contract before the agreed term expired. The company claimed two things, on one hand, that unpaid invoices were paid; and, on the other, compensation for “breaking” the contract early. The conflict revolved around two clauses of the contract where one set a duration of 3 years and the other required a notice of 180 days (six months) in advance if one wanted to terminate the contract. The community argued that these conditions were abusive in the case of a consumer (in this case, the community itself). In the first instance, the court ruled in favor of the company, ordering the community to pay both the compensation for early termination and the outstanding invoices (in addition to interest and costs). However, on appeal, the Provincial Court of Málaga changed the criterion, declaring the 3-year duration clause and the 180-day notice clause null and abusive. What is the practical consequence? If those clauses are invalid, the company cannot rely on them to demand a penalty or compensation for having terminated the contract early. Nevertheless, the community must pay what it actually owed, the outstanding invoices for services already rendered. The Supreme Court confirmed this outcome, the duration and notice clauses are considered null, no compensation is due for ending the contract early, and only unpaid invoices are owed.
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Urban leases
Does a reversible work by the tenant give the owner the right to terminate the contract?
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Urban Leases
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