In the context of the health and social emergency, we are experiencing, with the almost total paralysis of the economy and its strong impact on business, from PELLICER&HEREDIA we make two templates of letters available to all self-employed workers and companies who have rented premises. Firstly, by requesting their landlords to review or suspend the monthly rent of their rental contracts, for the duration of the emergency and the loss of income, and secondly, by requesting their withdrawal. This letter can serve as the first contact for the negotiation of conditions that allow the viability of the leases.
The most effective way to send the letter, from the legal point of view, is through Burofax. However, in the current circumstances, and as a suggestion, email is a more agile and appropriate means for the first contact and, in case of silence or neglect, you can insist on the request through Burofax.
At Pellicer&Heredia we have extensive experience in legal defence and mediation in rental contracts, both for premises and housing, as well as other types of advice related to property: foreclosures, abusive clauses in mortgages, personal loans and rentals, evictions for non-payment and precarious, etc. Please do not hesitate to contact us at info@pellicerheredia.com to assist you in any question you may have.
Withdrawal document of the tenant in the lease of business premises (use other than housing)
Mr./Mrs. XXXXXX
Address :
Dear Sir/Madam:
I am writing to you as the tenant of the business premises located at ____________, ____________ Street, number ____________, and to you as the Landlord of the premises, under the lease agreement signed on ____________ day of ____________ of ____________, whose business is ____________.
In view of the suspension of the opening to the public of the rented premises, decreed by Royal Decree 463/2020, of 14 March, which declares the state of alarm for the management of the health crisis situation caused by COVID-19, I hereby inform you of my wish to withdraw from the rental contract, informing you that as of the aforementioned date the obligation to pay any rent will be expressly terminated.
This withdrawal from the rental contract is based on and justified by virtue of the provisions of Article 26 of the Urban Tenancy Act, which states that “when the execution in the rented dwelling of conservation work or work agreed by a competent authority renders it uninhabitable, the tenant shall have the option of suspending the contract or withdrawing from it, without any compensation” -applies also to the lease of premises in accordance with article 30 – as well as in the “rebus sic stantibus” clause, in the event of a totally unforeseeable change of circumstances arising from the declaration of the state of alarm.
Therefore, with date ____________ I will leave the mentioned premises free and at your disposal giving you the keys to it.
Without further matters, I send you my best regards in (XXXX place) on the XX of XXXX of 2020.
Tenant signature
Document requesting the suspension of the lease of business premises (use other than housing), until the end of the state of alarm, with the paralysis of the contractual period and suspending the obligation to pay rent.
D./Dña. XXXXXX
Calle XXXXXX, CP XXXX
Dear Sir/Madam:
I am writing to you as the tenant of the business premises located at ____________, ____________ Street, number ____________, and to you as the Landlord of the premises, under the lease agreement signed on ____________ day of ____________ of ____________, whose business is ____________.
The closing to the public of the rented premises, decreed by Royal Decree 463/2020, of 14 March, which declared the state of alarm for the management of the health crisis situation caused by COVID-19, has had a full impact on the aforementioned contract. It is obvious that we are facing an extraordinary situation of force majeure, with events that were totally unpredictable and unavoidable at the time we signed the lease.
The compulsory closure of the rented premises, with the consequence of a drastic reduction in turnover, has had a serious impact due to the extreme onerousness of the payment of the rent initially agreed and is materialising in the form of serious economic damage caused by the impossibility of making the use of the premises that is the object of the rental contract in accordance with the provisions of art. 10 of Royal Decree 463/2020, of 14 March, which declares the state of alarm for the management of the health crisis situation caused by COVID-19.
Consequently, given these supervening and absolutely unpredictable circumstances, and appealing to the social responsibility that all persons and entities must assume in order to share the efforts involved in overcoming the health, social and economic emergency, I request the ……………………………. (REVISION / SUSPENSION indicate what applies) of the monthly rent of the lease, so that the rent to be paid while the State of Alarm is decreed with the measures established in Article 10 of Royal Decree 463/2020, of 14 March, until this exceptional situation is maintained is temporarily set at XXXXXX €.
