Can you change the landlord?














In urban leases the landlord can change, subrogated another owner, maintaining the rights and obligations of the contract.


This change may occur by agreement between the parties or legal obligation. Not required to conclude a new contract, but the new landlord is placed in the position it had in the previous. The modification may be inter vivos or mortis causa.

Mortis Causa

As Tenancies Act does not expressly provide the death of landlord, must be established by the Civil Code, in Articles 657 and 661: The death of the lessor does not extinguish the lease, but heir (the universal title) continues in the position of landlord, under the same conditions I had it (unless the landlord was not but beneficial owner, in which case the lease is extinguished itself).

If instead of an heir, the new owner was a legatee (successor particular title), in some cases it may require termination of the contract.

Between live

The landlord can change by resolution of their right (Art.13 of the LAU) by the disposal of leased housing (art.14 of the LAU).

The resolution of the right of the lessor

The Reform Act does LAU 4/2013 reduces the lessee, so that will be on the mortgage regulation and the Civil Code.

Overall, if the landlord lost the property through foreclosure, a judgment, the performance of a conventional redemption or a purchase option, or a trust, the lease is extinguished. In these situations by analogy assimilated any case in which the landlord loses the thing leased independently of his will.

On the above cases there is a exception: If that would entered in the Register the lease, before entitlement that solves the right of the lessor. In that case subrogation occurs in the terms you had before the contract. If the lease is not registered, dies.

In the event that the property was not inmatriculada and consequently, lease may not be registered, the contract will last three years.

If the landlord was not the owner but usufructuary or surface rights, the lease will terminate when your right.

Y si hubiese leased the property without the right to lease it, Article 9.4 the LAU is expected to continue for 3 years old, if the tenant has rented in good faith who "appeared" to be the owner.

In any case, the new purchaser has the opportunity to claim termination or continue renting.

Leases before 6 June 2013 are regulated differently: in cases of termination of the right of ownership of the lessor, the tenant may subrogate for 5 years old. Subsequently the lease is extinguished, unless were enrolled, in which case it shall meet the full term.

And if he had leased Untitled, the extension is 5 years old.

Sale of Property

We must clarify that this case fall outside the situations in which the property is transferred as a result of the division of a common heritage, as when a partnership or a hereditary community is dissolved.

Out of these cases, two situations are distinguished: If the property is not inmatriculada, Article applies 1571 Civil Code: "The buyer of a leased property has the right to end the current lease sale to be verified, unless otherwise agreed and the provisions of the Mortgage Law. "

If the farm was inmatriculada and lease was entered before transmission, this shall at the time agreed.

If the lease is extinguished, the tenant has a period of three months is communicated by the landlord of its intention to terminate the contract, and can claim damages.

Si el before the contract is 6 June 2013, the tenant may remain 5 years old, independently of the will of the lessor.

In leases for uses other than housing, Article 29 the LAU, "The purchaser of the leased property shall be subrogated to the rights and obligations of the lessor, unless there acquirer requirements in Article 34 of the Mortgage Law. "

The tenant can not oppose the change of landlord.

But if the good faith purchaser is unaware of the lease, may request the termination of the contract. This requires that the contract is not registered, who does not know that the place is leased, that acquires title directly from the registered holder and register your right.

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