Los bares y restaurantes podrán reducir a la mitad el alquiler

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he decree-law contemplates that tenants and owners of closed commercial premises set "by mutual agreement" a reduction in the amount of the monthly payment, a negotiation that must be concluded within a maximum period of one month. With the current measures, this rule affects bars, restaurants, beauty centers, bingo halls, casinos, game rooms, and playrooms.

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In the event that an agreement is not reached, the new rule determines that the rental amount will be automatically reduced by 50%, from the day the tenant has notified their willingness to negotiate. The Generalitat emphasizes that the "speed" of this new rule is "a key factor" to prevent companies from closing and jobs from being destroyed, as well as to avoid massive judicialization, and defends that it is an "effective" mechanism so that the cost of the pandemic does not fall "exclusively" on one of the parties to the lease agreement.

The rule also includes premises with limited use of their space due to new restrictions, such as theaters, shops, 24-hour stores, and hotels, which may have a 50% reduction in the unused part, if there is no agreement between the parties. That is, if a business has its capacity limited to half, the tenant will have to pay the full rent for the half that can be fully used and will only pay 50% of the half that cannot be used.

The Government defends that this regulation "is based" on the legal principle rebus sic standibus, which allows the modification of the terms of a contract if an extraordinary, unforeseeable, and supervening situation occurs that alters it, as it maintains is happening with the coronavirus crisis. Likewise, it emphasizes that this decree-law falls within the exclusive competence of the Generalitat in civil law, taking into account that the civil law of the State is only applied subsidiarily, when it is not provided for or resolved by Catalan law or by another law approved by the Parlament.

Aid of 1,500 euros for freelancers and SMEs

The Government has also approved this Tuesday a package of urgent aid to support the economic sectors most affected by the new restrictions, which came into force a week ago. Self-employed workers, SMEs and micro-enterprises in the restoration, aesthetics and beauty sectors will be able to access a subsidy of 1,500 euros as a maximum, to mitigate the loss of turnover due to the obligation to have to close down.

The initial allocation for this aid will be 40 million euros, an amount that the Generalitat plans to expand depending on the needs. With the aim of guaranteeing maximum agility in accessing the subsidy, a calendar has been established that simplifies the processing. Specifically, the affected establishments will be able to submit their applications electronically within five days, which will be articulated through the Consorci de Comerç, Artesania i Moda de Catalunya (CCAM).

Likewise, the Catalan Executive has launched a new financing line through Avalis de Catalunya and the Institut Català de Finances (ICF), with an initial budget of 20 million euros. The potential recipients of the credits, with an amount of 15,000 euros and for five years with a one-year grace period, are self-employed workers and micro-enterprises in the restoration and small business sectors. This line aims to boost the reactivation of restoration and commerce "by betting on new business models" that contribute to relaunching activity, covering liquidity needs and avoiding layoffs.