The subrogation of rental contracts is a process through which a person assumes the rights and obligations of the original tenant in a lease agreement. In Spain, this mechanism is regulated by the Urban Leases Law (LAU) and applies in various situations, such as the tenant’s death or the transfer of the contract to a third party. However, it is not always a guaranteed right and may be subject to specific conditions.

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In what cases can subrogation be applied?

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There are several situations in which the subrogation of a rental contract may occur:

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• Tenant’s death: The tenant’s family members can subrogate into the contract if they meet certain requirements, such as having lived with the tenant for a minimum period before their passing.
• Divorce or separation: In the event of marital breakdown, the judge may grant the use of the rented property to one of the spouses, subrogating them into the contract.
• Contract transfer: The tenant may transfer their contract to another person, although in most cases, the landlord’s consent is required.

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Can you rent a property to subrogate the contract to another person?

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Renting a property with the intention of subrogating the contract to another person is not an automatic process nor is it always allowed. It depends on the contract conditions and the Urban Leases Law (LAU). Some key points to consider:

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• Landlord’s authorization required: The transfer of the rental contract to a third party usually requires the express consent of the landlord. Many contracts include clauses that prohibit transfer or subrogation without prior authorization.
• Difference between subrogation and subletting: If the contract holder rents out rooms to third parties, it is considered subletting, which also requires the landlord’s approval. If the intention is for another person to fully assume the contract, then it is a transfer of the contract, which must comply with the LAU and the rental agreement.
• Cases where subrogation is possible: If the tenant has a justified reason (such as a job relocation or personal issues) and the landlord accepts it. In commercial leases, contract transfers are more common, but in residential leases, they are more restricted.
• Alternative: Agreement with the landlord: If the tenant wants someone else to continue the rental, the best option is to inform the landlord and propose a change of contract holder. This way, any clause violations are avoided, and the legality of the process is maintained.

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Requirements and limitations

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Subrogation is not automatic and must meet certain conditions:

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• Notification to the landlord: In most cases, it is necessary to inform the landlord and obtain prior authorization.
• Deadline to notify subrogation: Depending on the reason for the subrogation, the law establishes a time limit to notify the landlord.
• Duration of the contract after subrogation: In the event of the tenant’s death, the contract may continue for the remaining duration or for a maximum period determined by current legislation.

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Rights and obligations of the new tenant

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The new tenant must assume the conditions established in the original contract, including:

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• Payment of rent and other expenses: Subrogation does not imply renegotiation of the rental price or contract conditions.
• Compliance with contract rules: The new tenant is obligated to respect the agreed terms, such as property use and contract duration.
• Guarantees and collateral: In some cases, the landlord may request additional documentation or a guarantee to accept the subrogation.

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ConclusionThe subrogation of rental contracts is an option that allows lease continuity under certain circumstances, but it is subject to specific conditions and current regulations. Before initiating this process, it is essential to review the rental contract and understand the rights and obligations of each party to avoid potential complications.