For part 1 in this series visit Renting Your Property - Part 1

For part 2 in the series visit Renting Your Property - Part 2

For part 3 in the series visit Renting Your Property - Part 3

For part 4 in the series visit Renting Your Property - Part 4

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Subrogation of the rental contract

Subrogation is the of one person for another one in the rental which implies the assumption in all the rights and obligations held by that. The substitution can be performed on tenants or on landlord’s rights.
 
Subrogation on the landlord’s rights happens when the owner sells the rented house to a third party. In these cases, the buyer has to fully respect the clauses of the rental contract, which will be valid until the termination of the rental period.

Subrogation on the tenant’s rights happens in different cases:

1) By death of the tenant: this death does not imply the extinction of the rental contract as there are several people who can assume/subrogate it:

• Spouse of tenant or union fact partner who was living with the tenant at the moment of his death. Two years of proven live co-habitation is necessary in the case of union fact partners. (Co-habitation is proven through the Padrón Municipal (Official  Census Record of the town ) 
• Descendants under the parental rights and duties or under tutelage of the tenant or in the case of two years of proven con-habitation before the death of the tenant. 
• Ancestors, brothers and sisters of the tenant who had habitually lived with him during the last two years of his life.
• Those other people 65% or higher handicapped, who has a kinship as niece, nephews,  aunt or uncle of the tenant and have been living together during the last two years

The order of the list above is used to determine the best right, when there are more than one of the aforesaid people holding a right to the subrogation:  Parents over 70 years old have a priority over descendants. 

In some circumstances priority is for: 60% or higher handicapped, those with family responsibilities and finally the younger descendant, the older ancestor or the younger brother/sister.

If there is no one to subrogate the contract, it will be cancelled.
Cancellation will happen too if the death of the tenant and the identity of the subrogator are not communicated to the owner within 3 months from the death of the tenant.
  
2) By marriage separation, divorce or nullity. If the house was the matrimonial domicile and it is granted by the judge to the spouse who is not the tenant. Needs to be communicated to the landlord in two months time from the judicial decision.

Cession of the contract. Sublet

Cession of the contract: is made by the landlord, it is the transmission of his rental rights and duties to a third party.

Sublet is made by the tenant; it is the renting of part of the rented house. The subletting needs to be on part of the house and for same or less time and rent fee than those of the main rental contract

In both cases (cession or subletting), the landlord must agree in writing.
 

Written by: Maria de Castro

About the author:

Maria de Castro is a Spanish Lawyer and the Director of the Law Firm www.costaluzlawyers.es.

Costa Luz Lawyers are contract and consumer real estate law specialists covering all parts of Spain. You can contact Maria at mldecastro@costaluzlawyers.es