The Provincial Court of Barcelona has resolved in a judgment of April 7, 2022 a new case related to the rental market. On this occasion, he has established that the tenant with a restraining order must continue to pay rent, even if you no longer enjoy the house because is still the owner tenant in the lease. In addition, it considers that in the case resolved, the existence of acts intended to produce the subrogation of the contract in favor of her ex-partner was not proven.
The Chamber of this Barcelona court considers, in accordance with the provisions of article 1,257 of the Civil Code, that “contracts only produce effect between the parties that grant them and their heirs.” In addition, in the prosecuted case, there is no express judicial attribution of the use of the home beyond the restraining order of the holder of the lease, for which reason it is considered that it is not possible to apply the provisions of articles 12 and 15 of the LAU regarding the possible continuation of the rental or subrogation of the contract.
Salvador Salcedopartner of the firm Legal Penthouseanalyzes the sentence and points out that, in view of what was established by the Court, the restraining order and the consequent abandonment of the house, where the ex-partner does live, do not deprive the defendant of his condition as holder of the lease contract.
In the case resolved by the Court, It is the landlord who files a rent claim procedure against the tenant, who, once the restraining order was imposed on her, stopped paying the rent because she could not occupy the house, which her ex-partner continued to occupy nonetheless. The restraining order prevents approaching a person or a home, with the aim of protecting the victims of certain crimes. It can be imposed as a precautionary measure until the end of the procedure that brings its cause due to a complaint or at the end of the process by means of a sentence, imposing said limitation for a certain time and as an accessory penalty.
The LAU establishes a series of rights and obligations for the tenant and the owner. Thus, the tenant can live in the rented house in exchange for the payment of rent and it is relatively frequent that, although there are several occupants of the rental house, only one signs the contract as tenant. This being the owner of the rights and obligations arising from the lease relationship.
The regulations also grant the right to subrogate in the rental contract to the partner, spouse of the tenant or certain relatives who have lived with the tenant, in the event that the tenant leaves the apartment. This means that those who are subrogated in the contract will assume the same rights as the original tenant.
