Responsabilidad del arrendatario por el deterioro

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Is the tenant responsible for loss or deterioration of the leased property?

Occasionally, You can assail the question of whether, in the event that the leased property is lost or damaged, it must answer the lessee or, On the contrary, the landlord must assume the loss risk as part of contrary. Well, then, puede encontrarse una respuesta concisa sobre los supuestos en los que el arrendatario debe responder de la pérdida o deterioro de la cosa arrendada:

The presumption of guilt tenant impairment or loss of the thing directly derived from the following three elements:

  1. The assumption that the tenant received the thing in good condition (1562 Civil Code).
  2. The lessee's obligation to return the thing in the same condition as received at the end of the lease.
  3. The assumption that the tenant is guilty of damage or loss suffered by the thing that was given in lease (1563 Civil Code).

As the first element, the presumption that the tenant received the thing in good condition, It should be noted that a legally only law (rebutted), and that means that the tenant received the thing in a necessary state, according to the use and destination or can reasonably allocate.

As to the second element, the obligation to return the thing in the state received, should be noted that the lease in the manner and place in which such return should be be set out. In the absence of agreement to the contrary, the place and manner of the return will be one in which it was when it was delivered, in accordance with Articles 1574 and 1171 Civil Code. Also, this obligation extends back to accessories elements that the thing had given, and also requires the tenant to vacate the leased property previously, removing all goods that are proper accessories that occupy.

As for the third element, the assumption that the tenant is guilty of damage or loss suffered by the leased, it is necessary to note that this presumption has character only law (rebutted), and attributed to the lessee assumes the burden of proof that the damage or loss of the thing occurred without his fault.

As it regards the latter item, You can not forget that the presumption of guilt that originally contained the article 1563 the Civil Code has been becoming (from the STS 20/05/1980, followed by the SSTS 97/06/1988, 30/12/1995 and 29/01/1996) en una presunción iuris tantum liability, becoming a course very similar in nature to those of strict liability. In this manner, the STS 30/05/2008 He said left:

"Article 1563 CC provides a presumption of responsibility for the deterioration or loss of leased property, unless proven to have caused without any fault, becoming, therefore, in a rebuttable presumption that can be rebutted by proof of diligence in the avoidance of foreseeable harm ".

Under this evolution, the lessee has the burden of proof to prove not only that the deterioration or loss of leased property was not due to his culpable action (or the performance of any of the other people who live with, of those responding under Article 1564 Civil Code), but also He has acted with the diligence of a good owner to avoid damage.

This expansion of the presumption of guilt to the presumption of liability is founded on the fact that it is the tenant who is in possession of the leased property and, therefore, who has the ability to prevent loss or damage. This maximum diligence required, He said the STS 24/10/2006, It can not be understood satisfied "By the mere fact of having dedicated the leased property to the agreed use" and even it manages to include the fortuitous event as a course in which will also be responsible for tenant (not like this, in cases of force majeure).

Of the above, debe concluirse que el arrendatario deberá responder del deterioro o pérdida de la cosa arrendada cuando la cosa hubiera sido entregada en buen estado (or can not prove otherwise) o se haya perdido o deteriorado durante el arrendamiento, without being able to prove that it acted with all the diligence required. In the cases in which the landlord must respond we will refer in another upcoming article.

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