Unless specified in the contract, subletting of property is prohibited. Only allowed when certain requirements are met.
The sublease is a new contract between the tenant with the sublessee, without modifying the original contract between landlord and tenant. Can download a sample sub-lease here.
Si el subarrendatario used as housing space rented, you apply the proper rules of leases housing. If it is a "mixed" Accommodation Agreement, in which certain services are provided to the borrower, is outside the scope of the LAU, as is the case of tourist apartments. Also be out of the LAU renting a room to use as office.
Difference with the assignment
Different from subletting is the assignment of the lease: In the assignment, tenant conveys to a third party the rights and obligations of your lease. Requires the express written consent of the lessor (art. 8 LAU).
The sublease can be total or partial, but LAU only allows partial.
- To be performed on express written consent of the owner (art. 8.2 LAU). Such consent should be granted as a matter previous.
- The sublease price can not be higher the rent paid by the tenant.
Key Points to Consider
- Between the sublessor and sublessee, there the same rights and obligations as between landlord and tenant. The subtenant must respect the agreements that have with the landlord.
- The landlord may claim directly from the sublessee payments and maintenance costs earrings tenant (articles 1551 and 1552 C.C.).
- The duration standards the LAU apply to sublease only while the original lease in force: If it ends, the sublease automatically extinguished.
- If subleases without the written permission of the lessor, can be solved the contract (art. 27.2.c LAU) even claiming for damages.
- The tenant who sublets, should remain in housing, because otherwise it would be an assignment of lease.
- Not considered subleasing the temporary use of a dwelling so free (for example, the family friendly).
- In any case, an important issue to consider is the proof of facts that can claim when attempting to solve a sublease contract without the consent of the lessor.
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