What happens when a new 'tenant' enters the apartment for rent?
Do you share a flat for rent? Are you thinking about subletting a room? Does a family member move with you? When a new tenant enters the apartment for rent you have to do it well, here we explain how.
We are going to refer to the case in which the tenant of a dwelling decides, for different reasons, to admit another person or other persons in that dwelling. We emphasize this word, because what follows does not refer to leases other than housing.
We will discuss these different reasons and their impact on the lease:
It is evident that the relatives of the tenant have the right to live with him in the rented house.
Interpreting the art. 16 of the LAU, the degree of kinship that entitles that coexistence will be: The spouse, or person living with the tenant in an analogous relationship of affection; the descendants subject to their parental authority or guardianship; the ascendants; Brothers; relatives up to the third collateral degree, who suffer a disability equal to or greater than 65%.
To avoid problems in the medium term, it is recommended that the contract include the relatives who are going to share the house with the tenant, and consequently notify the landlord of the additions and cancellations that occur during the rental.
The tenant can admit persons, not included in the previous relationship, into his home that he considers appropriate in terms of guests,
However, you must take into account that if this "invitation" is prolonged in time, the landlord finds out and questions that guest status, and takes it to court for understanding that it is a sublet, it is the tenant who must show that this "guest" does not pay rent, with the difficulty of the negative test-diabolical trial. If you can not prove you both can be evicted.
Young people and rent of flats
Subletting is prohibited, art. 8 of the LAU, unless it is partial and with prior written consent of the lessor.
The price of the sublease may not exceed, in any case, that corresponding to the lease, ie the tenant who, with written authorization from his landlord, rents rooms can not profit from this activity.
Failure to comply with the foregoing may result in the eviction of both the tenant and the subleased person.
The sublease in any case must be formalized through the appropriate contract, which will refer to the lease that supports it and the authorization of the owner.
It is the assumption in which in a shared rent one of the tenants decides to leave and proposes to another person to replace him in that house.
It should be stressed that this decision can not be taken unilaterally by the outgoing tenant, it must be approved by those who remain in the dwelling and, more importantly, by the landlord. In order to avoid subsequent problems that decision must be recorded in writing, a verbal authorization runs the risk of being "forgotten" to who lent it, you know: -Verba volant, scripta manent-, The words are carried by the wind .
Do not forget that in a shared rental, the departure of a tenant assumes that those who remain must assume the pecuniary obligations of the departing.
It is therefore more than convenient, that when a shared rent is entered, since no one can ensure the success of that coexistence, the tenant substitution procedure is agreed upon in the same contract.
In any case the substitutions that take place must be formalized in document attached to the contract with the date and signatures of all the interested parties.
In summary, every tenant must know the rules that the law imposes to live with other people in that home.