Legal regime applicable to the leasing of units in multifamily buildings

Abstract

This work seeks to establish the legal framework applicable to the relationship between the building owner and the tenants of the units within it, as well as the way in which various legal provisions interact. This, in turn, will shed light on the remedies available to this type of tenant. To that end, the research first describes the legal figure (1.), highlighting, on the one hand, its essential characteristics (1.1), and on the other, the distinctive features of the lease agreement (1.2). Secondly, the applicable legal regulations are analyzed (2.). In this regard, the Urban Property Lease Law (2.1), the Consumer Protection Law (2.2), and the General Law on Urban Development and Construction (2.3) are examined. It is concluded that there exists a consumer relationship between the owner of a multifamily building and the tenants of its units, making the Consumer Protection Law applicable in all matters not directly related to the lease agreement itself—particularly in relation to abusive clauses, misleading advertising, and the quality and safety of ancillary services. Likewise, in cases of damage resulting from construction flaws or defects, the General Law on Urban Development and Construction is applicable.