Living in a room raises questions that go beyond price. How long the contract can last, what happens when it expires or how the monthly payment is updated are issues that affect those who share a flat. He new housing package approved this Tuesday, September 29, includes the regulation of room rentalone of the measures incorporated into the agreement between PSOE and Sumar.
The announced objective is to prevent this formula from being used to circumvent the protections of renting a habitual residence. The reform also addresses the seasonal contractssometimes used to house people who need a stable residence, although the document they sign presents their stay as temporary.
Both modalities are part of what is known as Maricarmen decree, which the Executive has divided into two royal decree-laws. To know what changes in each contract, it will be necessary to check the final wording published in the Official State Gazette (BOE)especially the conditions of application and the treatment of rentals already signed.
What is being sought to change in room rental?
The problem that the regulation aims to address appears when a home is rented by rooms and this division makes it possible to avoid the obligations that would correspond to the rental of the entire apartment. The announced purpose is to reinforce the protection of those who reside in a room and prevent the form of the contract from nullifying the controls on the rent.
One of the central questions will be How is the rent calculated for all the rooms? and its relationship with the limits applicable to housing. It must also be specified what guarantees correspond to each tenant and what obligations the owner assumes.
This does not mean that the possibility of renting rooms disappears. The change is aimed at the conditions under which this accommodation is offered and to prevent fragmenting a property from allowing the rules that apply to it to be circumvented.
Will room prices go down?
The announcement of a regulation does not allow us to conclude that all rooms are going to drop in price. To determine the effect on a specific income, it will be necessary to know the scope of the limits, the characteristics of the contract and, when applicable, whether the home is located in a stressed residential market area.
It is also important to distinguish between limiting the price of a new contract and establishing how one that is already signed is updated. They are different situations and do not have to receive the same treatment.
Therefore, those who already live in a room need to know if the new rules will apply to their current contract, its renewal or only to subsequent contracts. That response must come from the provisions of the decree, not from the general announcement of the measure.
Renting a room does not make the stay temporary
He room rental describes what part of the home is rented. He seasonal rental refers to the temporary purpose of the stay. They may coincide, but they are not the same.
A person may need a room for a few months for a specific move. Another can live in it stably because she cannot afford the cost of a complete apartment. The announced regulation aims to address the use of temporary contracts to cover permanent housing needs.
Among the aspects that the text must specify is the way to prove the temporality and the consequences of the alleged cause not corresponding to the actual use of the accommodation. It is not enough to equate any short contract with a temporary stay without examining its circumstances.
What happens if you already have a signed contract
For current tenants, the most immediate questions concern the price, duration and renewal. The inclusion of room rental in the package does not mean that all contracts will automatically become indefinite or receive, without conditions, a two-year extension.
These measures must be distinguished from the specific regulation of rooms. Its scope will depend on which contracts each provision includes and the requirements to qualify for it.
In addition to their publication and entry into force, the decrees must go through the congressional validation. For those who share a flat, the decisive information will be which article applies to their contract and from what date their rights and obligations change.