This regulation, which consists of ten (10) chapters, forty-four (44) articles, six (06) transitional provisions, two (02) repeal provisions and one (01) final provision, sets out the conditions that will govern the national real estate sector, in particular the rental of real estate for commercial purposes or services. The relationship between tenants and owners who are engaged in renting this type of property (for example, in shopping centers) must be regulated, among other things, by the rules that we will develop in accordance with this law in this report. It should be noted, however, that, as a result, the provisions of the Real Property Tenancy Act1, which in turn continue to be “. Buildings not intended for commercial purposes, such as: apartments, offices, industries, guest houses, rooms, student residences, buildings for tourist accommodation or holiday periods, rural farms and undeveloped land. In accordance with the relevant laws and repeated case law, no additional procedure or notification is required for the start of the legal extension. In interpreting the above-mentioned standard, the board stated that “.. In the case of rental contracts concluded for a certain period on the day of expiry of the period specified therein, this is binding on the owner and possibly for the tenant, the same conditions and provisions remaining in force during the period of the legal extension as agreed by the parties in the initial contract, with the exception of changes in rental costs, resulting from a regulatory procedure … ». (S.C. of 6 August 2014, Case: Inversiones 4 Albert S Sons, C.A., v Custodias y Almacenajes, C.A. (CUSALCA) and Others). On the other hand, we have that in this regulation the preference of offer is consecrated in favor of the tenant, according to which, if the owner decides to sell the commercial premises, he must offer them (mainly) to his tenant for sale to third parties, as long as he has more than two (2) years as a tenant of the premises; is solvent in the payment of royalties, condominiums and other contractual obligations.
The non-compliance with the offer preference by the owner or in the event that he has sold the property on more favorable terms than those initially presented to the tenant gives him the right to revoke the legal lease, so that the property is offered for sale under the same conditions offered to the third party. It used to be more natural to conclude long contracts, but now companies are dollarizing the barrel and this is not ideal, advises the specialist and specifies that the ideal is to make shorter contracts and with a regular extension of the contract of minimum conditions in order to be able to adjust the rental gun in a new contract. The fees and legal fees correspond to the tenant and the renewal an adjustment of the canon and the deposit is made, so the tenant must deposit the difference in the payment. The above-mentioned special provision stipulates that the legal extension operates automatically and authorizes the lessor to demand in court the performance of the tenant`s obligation to deliver the leased property after the expiry of the lease, and the property may be affected preventively by the sequestration authorized by this regulation. “– Personalized advice on the legal extension of the lease- The expert notes that there are two types of extensions: contractual and legal. The renewal of the contract is the one specified in the contract and can be set or extended automatically. The generally chosen duration of a contract is six months.