Key points in case the tenant family crisis

What happens when the tenant abandons the lease without the consent of your spouse, or leave the dwelling or separate or divorce?

These situations are very common. Thus, the Tenancies Act is expected to produce a "legal" subrogation in the lease, when certain conditions are fulfilled. It is regulated in Articles 12 and 15 the LAU. These are situations in which the lease has been signed by only one spouse. The economic system that exists in marriage is irrelevant for these purposes. We distinguish between two cases out of the lessee

1.- No court decision

This case is set out in Article 12 the LAU: If the tenant as a result of a case of "rupture", countered unilaterally give up the, or oppose legal extensions, or even leave the rental without saying anything, spouse no lessee can continue the lease. Also applies to the person who is the spouse had been living with him permanently in similar relationship for at least two years before the withdrawal or abandonment. And if they had common descent, is sufficient simply living at the time of withdrawal or abandonment.

If it is a withdrawal, the landlord shall inform the tenant if no spouse intends to continue with the contract and this has a period of 15 days answering.

Conversely, in case of abandonment, It is not the spouse tenant must notify the landlord that his desire to continue with the contract, writing and within a month.

Fulfilling these requirements, spouse succeeds to the contract, and assumes the obligation to pay the monthly bills as much as the amounts that may be pending before.

If the spouse is not subrogated, the lessor may claim the unpaid rent to the tenant.

2.- With court decision

In the event of invalidity, separation divorce, the judge must determine to whom is attributed the use of housing . The case is stated in Article 15 the LAU.

Not applicable in case of unmarried couples.

It is necessary that the spouse is not the lessee inform the landlord his desire to continue in housing, within two months since he reported the judgment.

The allocation by judgment of the house can be with permanent by the shorter period to the remainder of the contract.

In the first case the spouse to whom the property is attributed to the contract is subrogated. But in the second, tenant spouse retains its condition and responds payment of rents.

In summary, in this type of family crisis in which the tenant leaves the property, is advisable to seek the advice of an attorney experienced in leases.

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