Renting your propert -The legal aspects

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Renting Your Property - The Legal Aspects

Published on 10/8/2007 6:21:11 PM in Renting Your Property

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For part 1 in this series visit Renting Your Property - Part 1

For part 2 in the series visit Renting Your Property - Part 2

For part 3 in the series visit Renting Your Property - Part 3

For part 4 in the series visit Renting Your Property - Part 4

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Subrogation of the rental contract

Subrogation is the change of one person for another one in the rental which implies the assumption in all the rights and obligations held by that. The substitution can be performed on tenants or on landlord’s rights.
 
Subrogation on the landlord’s rights happens when the owner sells the rented house to a third party. In these cases, the buyer has to fully respect the clauses of the rental contract, which will be valid until the termination of the rental period.

Subrogation on the tenant’s rights happens in different cases:

1)   By death of the tenant: this death does not imply the extinction of the rental contract as there are several people who can assume/subrogate it:

o  Spouse of tenant or union fact partner who was living with the tenant at the moment of his death. Two years of proven live co-habitation is necessary in the case of union fact partners. (Co-habitation is proven through the Padrón Municipal (Official  Census Record of the town ) 

o  Descendants under the parental rights and duties or under tutelage of the tenant or in the case of two years of proven con-habitation before the death of the tenant. 

o  Ancestors, brothers and sisters of the tenant who had habitually lived with him during the last two years of his life.

o  Those other people 65% or higher handicapped, who has a kinship as niece, nephews,  aunt or uncle of the tenant and have been living together during the last two years

The order of the list above is used to determine the best right, when there are more than one of the aforesaid people holding a right to the subrogation:  Parents over 70 years old have a priority over descendants.

In some circumstances priority is for: 60% or higher handicapped, those with family responsibilities and finally the younger descendant, the older ancestor or the younger brother/sister.

If there is no one to subrogate the contract, it will be cancelled.

Cancellation will happen too if the death of the tenant and the identity of the subrogator are not communicated to the owner within 3 months from the death of the tenant.
  
2) By marriage separation, divorce or nullity. If the house was the matrimonial domicile and it is granted by the judge to the spouse who is not the tenant. Needs to be communicated to the landlord in two months time from the judicial decision.

Cession of the contract. Sublet

Cession of the contract: is made by the landlord, it is the transmission of his rental rights and duties to a third party.

Sublet is made by the tenant; it is the renting of part of the rented house. The subletting needs to be on part of the house and for same or less time and rent fee than those of the main rental contract

In both cases (cession or subletting), the landlord must agree in writing.

Written by: Maria de Castro

About the author:

Maria de Castro is a Spanish Lawyer and the Director of the Law

Firm www.costaluzlawyers.es.

Costa Luz Lawyers are a legal team of caring and friendly people covering all parts of Spain. You can contact  Maria at  web@costaluzlawyers.es

"Playa de Tarifa con Africa al fondo", by José López-Cortijo 

usless info,  we have got nothing to rent on ACC or Oasis, Huma have stole our money!!!

 I thought properties were up for let on Oasis.  Didn't Rowlands offer his property for let from this summer?

He most certainly did.  As his pragmatic approach didn't appear to work despite him being a 'professional' he appears to have done a disappearing act.  Having said that I do feel for the people who did the transfer as they are now in the same position as the ones of us that are still trying to get refunds which just doesn't seem to be happening at all.

 Rowlandsbb still pops up now and again on the Viva Almeria forums - but very subdued.  No mention of property to let or 'done deals'.

He is no longer selling/promoting OCC on his website!!!!!!!!!!!!!!!!!!

Firstly ..Don't shoot the messenger!

Just thought you'd like to know..or maybe you already do ..But for the past few weeks there has been activity on the site.  I have no idea what this means..I just walk past and I am just letting interested parties know..

As for one of the replies that says it is a 'horrid' place for want of a better word..not the ones used..

We have lived here for 6 years and experience the real Spain..so in my opinion it is a wonderous

place to live nestled amongst the Mountains..

THIS IS NOT A SALES PITCH..

I may never write again. Just 'met' a few nice people whom I feel very sad for losing their dream!

Kind Regards to one and all.

 Thanks for the update MTH, your postings have been among the most useful to be posted re progress.    I did not transfer over to OTC, but as a 'burned' client have taken an interest.    I think the region of Tabernas is wonderful - but I have never believed the kind of development Huma wanted to build to be appropriate for this wonderful desert environment.  I hope it remains the real Spain!!

Have to agree, OTCC is set in a beautiful location for those of us who want to escape the costas concrete and traffic. That's why i transferred rather than start court action  to recover ACC deposit. The sad thing now is that even if built the properties would be worth mas max 60% of the contracted price.

Once again I have been touched by the replies from you all on and off line.

I thank you for your words of encouragement as you may have seen the lasts posts were less than positive so I felt I should back off!.

I will indeed keep you posted on this site as to what I see happening on the building site.

So far there have been people working over there for several weeks, no sign yet however of the roads to the Oasis being completed which I have to say is unusual.

Kind regards to you all.

Anther walk on the wild side yesterday revealed  work definately going on.

It seemed as if the interiors of the front row were being worked on and also the upper part of the buildings.

There were at the time six vehicles parked...

Sales Office was vacant..but sadly looked as if some one had broken into it!

So maybe good news for you al at least there is movement!

Kind Regards.

Many thanks MTH for the information.  It's so good to know that something, however small is actually happening.  Please do continue to keep us informed. 

Hi,

I pop into this site every six months. So the people that transferred to OTCC have not got a property.

Well bugger me thats a turn up for the books.

Rowlandsbb is no longer on this forum.

Bloody hell it gets even harder to believe.

Okay. A quick prediction. We wont get our money back. Its gone.

Its over. Its finished. We have been conned by a whole Region almost Country.

Oh AndyLynnW, do I agree with you ? Of course I agree, much as I love Spain, we have been screwed by the builder,the Solicitors, the Banks and goverment officials. We have lets face it, lost our money, my dreams along with hundreds of others have been ruined. I get so angry at times, but whats the use.

 Andylynn - I thought you had found an asset with value and your solicitor had got your money back?  Did you get your moneis back or did you lose out like the rest of us?

We did, We have and we are still waiting for the Spanish Courts to dispose of the asset and give us our money.

I dont expect to ever see it. We lost 15,000 pounds and thats it. End of. These houses will never be built. Thats it.

Huma will not be held to account. OTCC wont be built.

Rowlandsbb will never be heard of again !

Whatever you are down....Sorry you have lost it. 

Sorry..Don't want to interfere..but unless you know that yet again the property has been sold..

there is definately work going on at the sight.  Perhaps there is hope for you all! 

Unless that is the asset that you were loking at It is also seemingly being done primarily to houses that are up!

I to am still confused though to no road leading up to the site.

Reards once again..Don't give up ..Miracles do happen!

Kind Regards.

MTH,

I hope we do get money back but hope does not spring eternal.

OTCC is a loser and im afraid we have lost money.

Move on and move upwards, things are never as bad as they seem.

I am led to believe that Huma are still active on OTCC, I am also led to believe that Huma are still active on MCC. If this is the case, and I assume a lot of people out there are like me ( broken contracts ) Then why can we not insist on an arrest warrant, why can we not ask the police to take in all employees of Huma for illegally withholding funds owned by someone else. A BREACH OF CONTRACT is against the law, money paid in good faith and not returned is against the law. The company responsible is still trading to a degree, how much more money are they taking from unsuspecting people with a dream.

 I don't know about the law in Spain but in the UK I think you will find that non payment or supply of goods is a breach of contract which is a civil and not a criminal action.  The real question surely must be why no one has taken action to put HUMA into liquidation.  In the UK that it was would happen - from there the courts may deem that the director's actions are such that criminal action should be taken against them.