SUBROGATION IN RENTAL CONTRACTS

LA SUBROGACIÓ DEL CONTRACTE DE LLOGUER

Subrogation (Subrogació) involves a person who is not, in principle, the holder of a rental contract becoming its holder (i.e. becoming the tenant) and, thus, being assigned all the holder's rights and duties. The contract remains unaltered; only the person who is the tenant changes.

Subrogation in a rental contract is legally valid if the contract holder dies, or if they become separated or divorced, or their marriage is declared void.

In the case of the death of the contract holder, it is necessary to show that the person who is to take their place as the holder lived with them on a permanent basis for the 2 years before the date of their death. Additionally, unmarried couples (Parelles de fet) must have registered their partnership at their town or city hall. Any relative wishing to take the place of the holder in the contract has a period of 3 months to inform the lessor of their intention.

In the case of separation, divorce or a marriage being declared void, it does not matter who originally signed the contract; the partner who is not the contract holder is entitled to remain in their home until the date on which the contract ends, and they have a period of 2 months to provide the lessor with written notice of their intention to do so. That notice must be accompanied by a copy of the legal ruling in which the use of the family home is assigned to the partner who is not the contract holder.