Are there any categories of residential leases that are subject to specific laws (e.g. short term leases for tourists; state supported leases for low income tenants, leases for students, etc.)?
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Yes, some provisions of the civil and commercial code do not apply to tourist leases (for less than three months), embassy leases are not subject to the de facto term of three years established by the Civil and Commercial Code. Nevertheless, the rest of the provisions are still applicable.
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The regional housing Codes include specific provisions for the specific categories of residential leases (ie with respect to main residence, student leases, co-tenancy lease agreements):
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All leases are regulated by the lease law (Law 8.245/91). This law also regulates specific rules for temporary leases with a maximum period of 90 days. According to the lease law, temporary leases are those for the tenant's temporary residence, for leisure, courses, health treatment, construction work on property, and other situations that happen only for a certain period of time, and contracted for a period not longer than 90 days, whether the property is furnished or not.
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Accommodation contracts (contrato de hospedaje) are subject to Law 300 of 1996, Law 1101 of 2006, Decree 2590 of 2009 and Law 2068 of 2020. The purpose of this contract is for one person to give another the use and rental of a property for a maximum period of 30 calendar days, in exchange for payment.
Other contracts are subject to Law 820 of 2003, the Civil Code and/or the Commercial Code, when applicable.
The Residential Leases Act distinguishes between the freely determined rent leases and the protected rent leases. The protected rent is determined based on conditions and parameters prescribed by the Government and it applies to certain categories of tenants, such as tenants occupying flats built to satisfy housing needs of people with low income, the so- called protected tenants derive their rights from earlier residential rights in respect of nationalized flats (usually in older buildings) and tenants with special rights based on their status of Croatian defenders (from the war in the nineties).
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Social housing is comprised of the Social Housing Act that applies to various type of social housing, including youth residence (Ungdomsboliger), sheltered dwelling (Plejeboliger) and sheltered housing for the elderly (Ældreboliger).
Renting of a room in a boarding house (Pensionat) or a hotel is not comprised of the tenancy legislation, but subject to freedom of contract. The same applies to lease agreement, concluded on the 1 July 2015 or later, regarding apartments and accommodation, including summer houses, allotment sheds (Kolonihavehuse) and other holiday houses that have been leased for vacation and leisure purpose.
Certain types of housing derogate from law n° 89-462 dated 6 July 1989 (inter alia governing the French residential leases' general regime) and are subject to specific provisions, such as:
Leases pertaining to secondary residences are also excluded from the aforesaid law n° 89-462 dated 6 July 1989 and are subject to the general rental regime set up under the French Civil Code.
The default for all residential tenancies is a residential lease agreement for an indefinite term, which is subject to the requirements stated in section 1 above.
However, the German Civil Code provides for several categories of residential leases. For such categories, not all of the requirements applicable on a standard residential lease under the German Civil Code apply. Such categories are:
If the respective municipality has a plan for the support of social housing, such an act may provide for restrictions on the side of the landlord in regard of the rent asked for by the tenant.
For public rental housing in Hong Kong, they are governed and regulated by policies of the Hong Kong Housing Authority established under the Housing Ordinance (Cap. 283). Public rental housings are offered to low-income families who cannot afford private rental accommodation and eligible applicants for such housing scheme must pass specific thresholds.
An alternative to low-income tenants, especially if they are waiting to be offered public rental housing, would be to reside in a subdivided unit (SDU). It is a common feature amongst old residential buildings where a flat would be subdivided into two or more individual units to house more people, and are usually rented out to new immigrants, low-income families and the unemployed. SDUs which are rented out as domestic tenancies on or after 22 January 2022 are specifically governed by Part IVA of the Landlord and Tenant (Consolidation) Ordinances. In general, the scope of regulation covers different types of SDUs in domestic, industrial and commercial buildings (such as cubicles, lofts and rooftop houses), and aims to provide protections to SDU tenants in various aspects, including providing four-year security of tenure for the tenants, restricting rent increase on tenancy renewal, and ensuring tenants will not be overcharged by landlords on utility charges, etc.
Operation of hotels, motels, guesthouse, holiday flat or holiday camps in Hong Kong is regulated by the Hotel and Guesthouse Accommodation Ordinance (Cap. 349) (HGAO), whereas operation of a flat which contains 12 or more bedspaces occupied under rental agreements is regulated by the Bedspace Apartments Ordinance (Cap. 477). Both ordinances ensure that these premises comply with statutory standards in relation to building and fire safety. However, lettings which last for more than 28 consecutive days are excluded from the HGAO.
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All residential lease agreements are subject to the Residential Tenancy Law, with few exceptions.
More in detail, according to section 1 of the same law, the following lease agreements fall outside its scope and are governed by specific laws or mandatory provisions:
Even if not expressly contemplated as an exception in the Residential Tenancy Law, another category of leases having as their scope residential properties is commonly deemed as not subject to such law, which consist of the residential properties used as guesthouses (foresteria), ie when the tenant to the lease agreement is a legal entity and not a natural person. In such cases, according to the applicable case law, the needs for protection of the tenant, underlying the whole Residential Tenancy Law, do not exist.
We highlight that D.L. no. 50/2017 has better regulated the category of “short term lease”, ie lease agreements relating to residential premises, having a term equal to or shorter than 30 days, entered into by natural persons outside the exercise of business activities, that are not subject to registration with the Tax Agency (on the other hand, D.L. 145/2023 and L. 213/2023 have intervened on short-term leases for touristic purposes, eg modifying the taxation to which the latter are subject).
In addition, please note that starting from 1 January 2025 any subject who rents a real estate unit "for touristic purposes" shall obtain a national identification number (CIN - Codice identificativo Nazionale), which shall be (i) exhibited outside the building where the real estate unit is located, and (ii) properly advertised / indicated in any advertisement related to the letting activity.
Yes. Residential leases are usually based on either an ordinary building lease agreement under Article 1 (Ordinary Lease) of the ALBL or a fixed-term lease agreement under Article 38 (Fixed-Term Lease) of the ALBL.
Under an Ordinary Lease, the landlord should have “due reasons” not to renew the agreement, even when the lease term has expired. Under a Fixed-Term Lease, the agreement ends when the lease term expires without due reasons if the landlord gives the expiry notice one year to six months before the lease term expires.
To enter into a Fixed-Term Lease, the landlord has to explain in writing to the tenant the nature of a Fixed-Term Lease before the lease starts. And the parties must conclude the agreement in writing for the lease to become effective. The right to lease under Ordinary Leases and Fixed-Term Leases can be inherited by the heirs of the tenant if the tenant dies.
A lifetime building lease agreement under the Act on Securement of Stable Supply of Elderly Persons’ Housing (Lifetime Building Lease) ends if the individual tenant dies. The right to lease under a Lifetime Building Lease is not inherited. It is a special category of lease for individual tenants aged 60 or above. Under Lifetime Building Leases, landlords’ rights to terminate the lease are more restricted than for leases under the ALBL to ensure elderly tenants don’t worry about the lease being terminated during their lifetime. To enter into a Lifetime Building Lease, the landlord must get approval from the relevant local government.
Japan also has the Act on Public Housing, under which local governments provide affordable housing to low-income individuals and families.
Tenants of residential property have far-reaching protection under the law. Security of tenure for residential property concerns mainly the ability or otherwise of the landlord to terminate a tenancy agreement.
The landlord can only terminate a tenancy agreement on statutory grounds for termination, and if the tenant does not accept the termination, court proceedings are needed to terminate the tenancy. A ground for termination, for example, is an urgent need of the residential property for one's own use. This also includes use for certain categories of people, such as students, young people, and large families. It must also be agreed in the tenancy agreement whether and/or that the residential property must be fitted out and furnished in such a way that it can be classed as a particular type of residential property that is intended for one of those categories. This security of tenure applies to tenancy agreements for a term of - i.e. - two years or more and which have been entered into for an indefinite period of time. The tenant may give notice of termination for any ground.
The tenancy can also be terminated, as is the case with retail and office space, if the tenant is in material breach of their obligations under the tenancy agreement. In principle, it is exclusively the court that can terminate the tenancy agreement due to failure on the part of the tenant.
Various rent regimes apply for rent protection of residential property. A distinction is made between social rented housing and private (self-contained) rented housing. For social rented housing a far-reaching mandatory rent protection system applies, which does not apply to the private sector. Whether or not residential property falls within the social sector is determined based on a points system and a rent control ceiling set by the Minister (amount in 2024: EUR879,66).
Some statutory provisions make a distinction between self-contained residential accommodation on the one hand (i.e. own living, kitchen, toilet, bathroom, and frontdoor), and shared housing on the other hand (i.e. far-reaching/less far-reaching rent protection).
Apart from the possibility to have the rent assessed retrospectively based on the above-mentioned points system, security of tenure and rent protection does not apply to the temporary renting of residential accommodation for a maximum of two years. Statutory security of tenure and rent protection does not apply to the tenancy agreement which by its nature is for a short period.
There are three main categories of residential tenancies:
The other two common categories are boarding house tenancies and service tenancies:
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Chapter 11 of the Tenancy Act contains specific provisions and exceptions for the following categories of residential leases:
For sectioned properties, there is a limitation in the right to lease apartments on short term basis (less than 30 days) of maximum of 90 days on an annual basis.
In Polish law there are a few categories of residential leases that are subject to specific laws such as: occasional lease, institutional quality lease, communal flat lease and premises for temporary purposes.
The right to occasional lease applies only to the premises used to satisfy housing needs. Only natural persons not conducting business activity in the scope of rental of premises can take advantage of this form of lease. An occasional lease is granted only to owners understood broadly and includes also holders of the cooperative ownership right to premises. Considering the above, the agreement for occasional lease cannot be used to sublease the premises, or a part thereof.
The term of an occasional lease cannot be longer than 10 years. Such a lease may involve the tenant paying a deposit to secure the payment of amounts due for the occasional lease of premises, which the tenant has to pay on the day of vacating the premises, and any possible costs of enforcement of the obligation to vacate the premises (the deposit is later returned if the owner's claims have been satisfied).
Additionally, after the expiry or termination of the occasional lease agreement, if the tenant has not voluntarily vacated the premises, the owner delivers to the tenant a request in writing to vacate the premises, with an officially certified signature of the owner. To execute the request, prior to concluding the agreement for an occasional lease, the tenant is obliged to deliver a statement in the form of a notarial deed in which he/she submits to enforcement and to vacate and deliver the premises used under the occasional lease agreement within the time limit indicated in the request. In the event of ineffective lapse of the time limit provided in the request, the owner files an application to the court to have an enforcement clause appended to the above-mentioned notarial deed.
Another specific obligation related to this type of lease is the obligation for a prospective tenant to have some other premises to stay in if the obligation to leave the premises is enforced.
The owner of the premises notifies the tax office competent for his/her place of residence of the conclusion of an occasional lease agreement within 14 days from the date of commencement of the lease.
The following documents must be attached to the occasional lease agreement:
In accordance with the Act of 12 March 2022 on assistance to citizens of Ukraine in connection with the armed conflict on the territory of the country, to the tenant who is a citizen of Ukraine shall not apply:
The institutional-quality lease is similar to the occasional lease:
However, the institutional quality lease agreement can be concluded by a natural person, a legal person or an organizational unit other than a legal person, conducting business activity in the scope of leasing premises, and it is concluded for a specified period of time.
There is also a specific kind of that lease – the institutional-quality lease with subsequent ownership. For details please see Registration and taxes.
Premises to be let for communal-flat lease must be suitable for habitation thanks to their equipment and technical condition; the room area per tenant cannot be less than 5 m2 and in the case of a single-person household, 10 m2.
The right to a communal flat is acquired by a court judgment by persons with low or no income who are forced to vacate occupied flat. The court decides whether the persons concerned have the right to conclude a communal flat lease agreement, or not, in a judgment ordering to vacate other premises. The obligation to ensure the communal flat lease of the premises is binding on the commune competent for the location of the premises that have to be vacated.
The court, when examining whether the person is entitled to conclude a communal-flat lease agreement takes into account the manner in which he/she has used the premises so far and the specific material and family situation.
There are some groups of people in respect of whom the court cannot declare the lack of right to conclude a communal flat lease agreement of premises, such as: pregnant women, minors, disabled persons, pensioners or disability pensioners fulfilling the criteria for receiving a social assistance benefit persons, those officially recognized as unemployed – unless they can reside in premises other than those used to date or their financial situation allows them to satisfy their housing needs on their own.
The communal-flat lease agreement is concluded for a fixed period of time and it can be terminated by a commune if the tenant has obtained a legal title to another property.
The lease of premises for temporary purposes may be concluded for the period of one to six months. Eligible persons are those against whom the enforcement proceedings have been commenced on the basis of an enforcement order regarding the duty to vacate the housing premises, without the right to lease communal flat (described above) or replacement premises.
The replacement premises are premises located in the same city as the existing premises, equipped with at least the same technical devices and having the same surface area of the rooms as the premises used to date; one household member may enjoy 10 m2 of the total surface area of the rooms, and in the case of a single household, 20 m2 of that surface. The commune ensures the delivery of replacement premises.
There are some specific cases when the right to lease premises for temporary purposes is not granted, such as: if the order to vacate the premises was made by reason of domestic violence or gross or persistent infractions against the domestic order, if the debtor is obliged to vacate the temporary premises or if the debtor was obliged to vacate the premises occupied under the institutional lease agreement with subsequent ownership.
Regulation of the Minister of Infrastructure of 12 April 2002 on the technical conditions to be met by buildings and their locations specifies some other categories of residential premises. The Regulation distinguishes and provides technical specifications, among others:
Public utility buildings: buildings intended for the needs of public administration, justice, culture, religious worship, education, higher education, science, education, health, social or social care, banking, commerce, gastronomy, services, including postal services or telecommunications, tourism, sport, passenger service in rail, road, air, sea or inland water transport, and another building designed to perform similar functions.
Individual recreation buildings – a building intended for periodic recreation.
Commercial buildings – buildings intended for the non-standard performance of workshop works and for storage of materials, tools, equipment and agricultural produce for residents of a residential building, a collective residence, an individual recreation building, and their surroundings, and for farm storage in agricultural buildings, equipment and agricultural produce.
The regulation covers:
Decree-Law no.128-2014 is a specific law which regulates short-term leases for tourists.
Housing Law no. 114/1996 regulates the following specific types of residential leases:
A short-term lease of an apartment can be concluded based on a lease agreement, for a fixed period, but not longer than two years. A short-term lease can be extended for a maximum of two additional years, twice, if the parties agree under the same conditions. Short-term lease agreements are frequently used for all types of residential leases due to their flexibility.
State supported leases are governed by the State Support Housing Act. The lease can be concluded for a fixed or indefinite period and can be extended several times. A lease agreement concluded for more than five years, including any agreed extensions, will be converted into a lease agreement for an indefinite period after five years from the date the lease agreement was concluded. The applicant must not be in default of payment of social security, health insurance or taxes and must not be subject to enforcement proceedings. Further requirements are set by government regulations concerning the population groups targeted as applicants (eg age groups, professions).
Residential lease agreements are governed by Section 663 et seq. of the Civil Code. A residential lease can be concluded for a fixed or indefinite period. The lease of an apartment is protected; without an agreement, it can only be terminated for the reasons listed in the Civil Code. The Civil Code regulates different types of residential leases, namely:
The following residential lease agreements shall be governed by specific laws, different from the Spanish Urban Lease Act:
Yes, when letting one's own residence the Act of Private Subletting (Sw. Llagen om uthyrning av egen bostad) applies under certain circumstances.
In the Swedish Rental Act there are also different rules which are applicable for leases regarding letting of furnished rooms, own residences, co-operative apartments, apartments for leisure purposes, apartments in a one- or two-family house or condominium, sub-leases, apartments leased by the municipality as tenant and leases depending on employment.
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The default for all residential tenancies is the assured shorthold tenancy. However, Schedule 1 of the Housing Act 1988 contains certain tenancies which cannot be assured shorthold tenancies, for example resident landlords and tenancies where the rent payable is greater than £100,000 per annum.
A brief list of the exclusions are:
Tenancies in the social rented sector are more heavily regulated than tenancies in the private rented sector, and are largely governed by the Housing (Scotland) Act 2001, the Housing (Scotland) Act 2010, and the Housing (Scotland) Act 2014.
In relation to the private sector, the Private Housing (Tenancies) (Scotland) Act 2016 lists specified types of excepted tenancy which cannot be a ‘private residential tenancy’ (the default type of tenancy in the sector). These include:
These excepted tenancy types (unless governed by other regulatory regimes, such as the legislation applicable to the social rented sector) are generally known as ‘common law tenancies’. In common law tenancies the rights and obligations of the parties will largely be determined by the terms of the lease itself. Common law tenants do not have statutory security of tenure. They do, however, have a right to remain in occupation for the duration of the lease, and have certain statutory rights relating to repairs and habitability of the property, and to minimum time periods in notices to quit.
A licensing regime operated by local authorities has been in place for short-term Airbnb-type lettings in Scotland since 1 October 2022.Since that date, new operators are required to hold a licence, but existing operators were given until 1 October 2023 to apply . In addition, regulations have been introduced which enable local authorities (subject to approval by the Scottish Government) to designate “short-term let control areas” within their area. Short-term letting operators in designated areas must apply for approval through the planning application process.
There are different types of residential lease provided for by Ukrainian law. The default type is a residential lease of private property. Types which are under specific regulations include:
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