Extremadura Commercial Landlord-Tenant Laws: LATE FEES

Late fee regulations for commercial tenancies in Extremadura are primarily governed by Law 3/2004 (Ley 3/2004, de 29 de diciembre), which established measures to combat late payment in commercial transactions. This primary governing law, which came into effect on 31 December 2004, sets strict standards for interest rates and recovery costs in B2B (Business-to-Business) relationships, including commercial leases.

Statutory Interest Rates (Art. 7)

While commercial leases in Spain are largely governed by the "voluntad de las partes" (will of the parties) as per Article 4.3 of the LAU, any silence in the contract defaults to the provisions of Law 3/2004.

• Default Rate: In the absence of a contractually agreed rate, the interest rate is the European Central Bank (ECB) rate plus 8 percentage points.
• 2026 Rate: For the first half of 2026, the statutory interest rate for late commercial payments is 10.15%.
• Automatic Accrual: Interest begins to accrue automatically from the day following the payment deadline without requiring a formal demand (Art. 5).

Recovery Costs (Art. 8)

When a tenant fails to pay on time, the landlord is legally entitled to compensation for recovery costs:

• Fixed Amount: A mandatory fixed fee of €40 per unpaid invoice/rent payment is owed to the landlord without the need for prior notification.
• Additional Expenses: The landlord may claim further substantiated costs incurred due to the default (e.g., legal fees or collection agency costs) that exceed the €40 threshold.

Jurisdictional Enforcement

Disputes regarding commercial late fees and rent collection in Extremadura are handled by the Juzgados de Primera Instancia (Civil Courts) of the judicial district where the property is located. Enforcement follows the summary procedures outlined in the Civil Procedure Act (Ley 1/2000, de 7 de enero).