Commercial Leases in Aragon: Compliance Guide

Commercial leasing in Aragon (Zaragoza, Teruel, Huesca) falls under the category of "arrendamiento para uso distinto del de vivienda" (lease for use other than housing). Unlike residential leases, where the law provides significant social protection to the tenant, commercial contracts are built on the principle of freedom of pacts.

1. Freedom of Contract vs. Statutory Law

For commercial properties, the hierarchy of governing law is:

1. The Lease Agreement: What is explicitly written in the contract.
2. Title III of the LAU: Supplementary rules on assignment, subletting, and repairs.
3. Spanish Civil Code: General principles of contract law.

Because the contract itself is the primary law, it is essential to include specific clauses on early termination, rent reviews, and maintenance to avoid falling back on vague statutory defaults.

2. Key Differences from Residential Leases

3. The Aragon DGA Mandate

While the LAU sets the deposit amount (2 months), Aragon regional law (Decree 168/2004) mandates that this amount be deposited with the regional administration.

• WFIA Platform: Use the Web Fianzas Aragón (WFIA) system to lodge the deposit.
• Deadline: The deposit must be processed within one month of the lease commencement to avoid surcharges and fines.

4. Assignment, Subletting, and 'Traspaso' (Art. 32 LAU)

Unless the contract explicitly prohibits it, a commercial tenant has the right to assign the lease or sublet the premises without the landlord's consent in the context of a business transfer.

• Rent Increase: The landlord can increase the rent by 10% for partial sublets and 20% for total assignments.
• Strategic Tip: Most professional landlords include a clause that explicitly waives Article 32 of the LAU, ensuring they retain control over who occupies the property.

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