LAS NUEVAS MEDIDAS APROBADAS POR LA GENERALITAT PARA LOS NEGOCIOS

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No todo iban a ser malas noticias, desde GLOBALWAY ABOGADOS queremos ayudaros con vuestro día a día, y hoy vamos a explicaros cómo podéis solicitar una reducción de la renta de vuestro local de negocio.

¿Tienes un negocio? ¿Te ha afectado la actual pandemia de la COVID-19? ¡Este artículo te interesa!

El pasado 22 de octubre se publicó en el Diario Oficial de la Generalitat de Cataluña el Decreto ley 34/2020, de 20 de octubre, de medidas urgentes de apoyo a la actividad económica desarrollada en locales de negocio arrendados, que te resumimos a continuación:

Las medidas serán aplicables a aquellos negocios que se hayan visto afectados por medidas que supongan una suspensión de su actividad, es decir que, por ejemplo, si tienes un restaurante y has tenido que cerrar por las medidas adoptadas por la Generalitat, podrás solicitar las medidas aprobadas por esta nueva norma.

. – ¿En qué consisten esas medidas? Se propone una modificación “razonable y equitativa” de las condiciones del contrato. Además, a partir del momento en que se proponga modificar el contrato, el arrendador (dueño) no podrá emitir factura por la renta y demás conceptos hasta que se llegue a un acuerdo, pero todo ello en un plazo máximo de 1 mes.

Si llegas a un acuerdo con el dueño, perfecto, enhorabuena, “has podido salvar los muebles”, en cambio, si no hay manera de alcanzar un acuerdo en ese plazo de 1 mes, existen estas posibilidades:

1.-Si has tenido que suspender toda tu actividad, la renta deberá reducirse en   un 50 %.

2.- Si, por el contrario, la suspensión de la actividad es parcial, es decir, solo       puedes unas      un % de tu local, la renta deberá reducirse “en una proporción igual a la mitad de la      pérdida de aprovechamiento del inmueble”.

                Estas reducciones se aplican desde el momento en que requieras al dueño de la              obligación de aplicación de las mismas.

                3.-para el caso de que las medidas de restricciones se vayan a aplicar durante   más de 3              meses, a contar desde el 22/10, se puede desistir del contrato, por parte del arrendatario,          sin ninguna penalización.

. – ¿Y si hago delivery? ¡Las medidas se pueden aplicar de todas formas!

. – ¿Y si, aplicando estas medidas, tampoco puedo pagar? Se puede imputar el pago de rentas a las garantías constituidas a la firma del contrato, menos a la fianza legal. Eso sí, se tendrán que devolver las cantidades en un plazo de 1 año, desde que cesen las restricciones, y, en todo caso, antes de que finalice el contrato.

. – Ya había llegado a un acuerdo antes de estas medidas, ¿qué puedo hacer? De acuerdo con la Disposición transitoria única: “La parte arrendataria puede hacer uso de las facultades que le atribuye este Decreto ley con independencia de los acuerdos a qué hubieran llegado las partes contratantes, respecto de las contingencias que se prevén, antes de su entrada en vigor”, es decir, no importa que hubiera pacto previo, puedes solicitar la aplicación de dichas medidas, siempre que sean más beneficiosas que las que hubieras pactado anteriormente.

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