What happens when the tenant dies?













In urban leases, the death of the tenant leads to different consequences.

We must distinguish:

Lease of non-residential use

If the local or business activity is carried out and the tenant dies, the heir or legatee to continue the pursuit of the activity, You can assume the rights and obligations held by the deceased until the lease is terminated.

Is mandatory written notice the landlord the date of death of the tenant. But the law does not state that the lack of communication is cause for termination of the contract, and is not subject to a peaceful jurisprudential level.

The requirement to be subrogated to the lease is continue the business or profession. If it was a lease for use of this type of housing activity was carried out in which, no right of subrogation mortis causa. Tenancies Act not expected to increase income by this subrogation. In the Urban Lease Act 1964, yes it was expected that in the case of succession mortis cause, I had a rise in income. Also, the right was limited to two substitutions.

Residential leases

In residential leases it may be agreed that:

1.- That there is no right of subrogation cause mortis if the contract has an initial term greater than 3 years old, have elapsed after the first three years.

2.- That lease is terminated to 3 years old if the tenant dies before that time.

Out of these two types of covenant, should be mandatory regime established by Article 16 LAU.

In case of death of the tenant, may be subrogated to the contract:

a) The spouse who was living with him or had a similar relationship of affection to the spouse, at least two years before, no term or if they had had children in common.

b) The progeny that at the time of death, they were subject to parental authority or guardianship, or they had lived with in the previous two years.

c) Ancestry coexisting the previous two years.

d) Brethren coexisting the previous two years.

and) Persons other than the above, with handicap than or equal to 65% and a collateral kinship to the third degree.

The coexistence must be habitual or permanent.

Should written notice of the death of the tenant within three months after his death. Also, must provide a registration certificate of death and the identity of the person you want to be subrogated.

If several people want subrogated in the previous cases, the order of priority set forth above is. If multiple concur in the same circumstances, overrides the one with a disability, or having greater family burdens ascending or older or younger brother. There is a possibility that unanimity to a person other than that corresponding designated by law.

If surrogacy is not informed on time, the lease is extinguished.

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