Alquiler de renta antigua: ¿cuál es su origen y cómo funciona?

The origin of the renta antigua, or long-term rental contracts, dates back to 1950 in Spain during the Franco dictatorship. These contracts were signed before May 9, 1985, and are characterized by their indefinite duration, which could continue until the holder's death, sometimes even beyond. The goal was to provide housing solutions in a country still transitioning to democracy.

The regime gained traction with the 1964 Urban Rental Law (LAU), which maintained forceful extractions and a limited rent system, as well as mechanisms for substitution that allowed the contract to pass to relatives in certain circumstances.

However, in 1985, the "Decreto Boyer" during the socialist government of Felipe González aimed to put an end to these indefinite rental contracts by eliminating forceful extractions and setting a duration agreed upon by the owner and tenant. The LAU of 1994 maintained a transitional regime for contracts signed before May 9, 1985, subject to rules on updates, substitution, and termination.

The LAU of 1964 allowed for up to two substitutions in specific cases, with Article 60 explicitly stating that the rules could apply to two transmissions, enabling a contract signed between the 1950s and 1960s to remain active for decades.

Throughout decades, the legislation enabled the transfer of the right to rent within families, preventing the expiration of the contract upon the holder's death. The reform of 1994 gradually closed this avenue, effectively ending the generation of new contracts and limiting the possibilities of transmission. When the tenant dies, the question arises whether their children can inherit the contract and continue enjoying the same economic conditions.

Lawyers from Heritae, a Spanish company specializing in estates, explain that the answer depends on various factors, particularly the date the contract was signed, the family relationship with the deceased, and if the requirements outlined in the LAU are met.

Determining whether a child can inherit the contract and continue occupying the property upon the holder's death is a complex process. While some contracts allow certain family members to continue living in the house after the holder's death, this is not an unlimited inheritance. The law sets specific requirements that must be met for a child to inherit the contract.

Generally, the child must have lived with the deceased for at least two years before their death. However, there is a significant limitation: if the child has a recognized disability of 65% or higher, the contract is terminated, generally within two years or when the child turns 25, whichever comes first. The law also limits the number of subsequent transmissions, taking into account any previous substitutions.