Can you change the tenant of a local business?













In leases for uses other than housing, can be changed by the tenant sublease or assignment of the contract.

It is regulated in Article 32 the LAU:

Article 32 Assignment of contract and subletting

  1. When the leased property in a business or professional activity is carried, the lessee may sublet the property or assign the lease without the consent of the lessor.
  2. The landlord is entitled to a rent rise 10 by 100 income effect in the case of a partial sublease occur, and 20 in the case of the assignment of the contract or sublet the whole of the property leased occur.
  3. No assignment shall be considered the change in the person of the tenant in consequence of the merger, processing or cleavage of the tenant company, but the landlord is entitled to lift the income referred to in the preceding paragraph.
  4. Both the assignment or subletting shall be notified in a reliable way the landlord within one month of such dividends were concluded.

Namely, the tenant may sublet or assign the contract, regardless of the will of the owner, being sufficient to be notified within a month. If this notice does not occur, the landlord may seek the termination of the contract (art. 35 LAU). You can download a notification format here. This communication should be done reliably.

The tenant, You can sublet for the price it deems appropriate. But Article 32 LAU limits of his regime to the farms where they exert business or professional activity. Namely, leases for uses other than housing, in which a business or profession is not developed (as a garage, on an apartment tour), are not subject to rate this article, but should be as provided by the parties, and secondarily, the regulation of the Civil Code. In the case of Art. 1550 the C.Civil, jurisprudence has required the consent of the property.

Returning to the regime of Article 32 the LAU, the lessor is entitled to a increase in income 10% for partial subletting, o un 20% in case of assignment or sublease all.

What happens to the rent if the sublease later dies? Although it is a topic discussed, the more general doctrine permits raising the rent continue extending along the entire length of the contract (SAP Madrid 14 October 2009).

If the change is caused by the tenant transformation merger or division of the leasing company, the landlord also has the right to raise the rent.

In any case, to be local to use other than housing must be what was agreed in the contract and in the absence of stipulations about, the scheme just discussed apply.

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