Works on the estate
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The premises you have rented will be affected by some works on the estate. What can you do?
Some works of certain importance will be carried out in the property and will last several months. Therefore, your premises will be affected and you will not be able to carry out your activity for a while, so you want to know what your rights are in this regard.
Firstly, the law grants the tenant –your company, in this case– the right to suspend or even terminate the lease without paying any compensation, as long as it has not been agreed otherwise in the contract and the following requirements are met:
- The works must be necessary to maintain the premises in a condition to be used or required by the Public Administration.
- In addition, it is necessary that these works prevent carrying out the activity for which the premises were rented.
The law does not specify for how long the impossibility of carrying out the activity must exist for the suspension or termination to occur. However, terminating the contract due to works of a few days would be disproportionate. If there is no agreement, the courts will decide based on the inconveniences and circumstances arising from the eviction and relocation of the existing goods in the premises.
See what the two options available to you consist of:
- Suspension. If you choose to suspend the contract, you will not have to pay the rent while the works last, nor will the agreed duration period run.
- Termination. If you prefer to terminate the contract, you can terminate it without having to pay any compensation to the owner.
technical supplement
Marginal notes MEMENTO
- Memento Commercial Contracts,marginal 5386..
- If you are not a subscriber to the Memento Commercial Contracts, clickhere to access the referenced marginal notes in PDF format.
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