Having a restraining order does not exempt the tenant from paying rent, even if they do not enjoy the apartment

The Provincial Court of Barcelona considers, according to the resolution of a sentence, that in the event that a tenant has a restraining order must continue to pay rent, even if you no longer enjoy the home. The reason is because said person would continue to be the tenant in the lease, as has been stated Idealistic.

Likewise, in the case resolved by the Court, no actions were taken to produce the transfer of the contract in favor of his ex-partner. “Contracts only produce effect between the parties that grant them and their heirs“, says the Chamber of this court referring to article 1,257 of the Civil Code.

It also suggests that it is not possible to apply articles 12 and 15 of the Urban Leasing Law (LAU) regarding the possible continuation of the rental or subrogation of the contract.

A dog with its owner in the living room of his house.

Salvador Salcedo, partner of the law firm Ático Jurídico consulted by Idealista, confirms that, in the prosecuted case, the restraining order and the abandonment of the house, where the ex-partner livesdo not deprive the defendant of his condition as holder of the contract.

The LAU establishes a series of rights and obligations for both the tenant and the owner, such as that a tenant can live in a home in exchange for the payment of rent. The problem is that, even if there are several occupants, sometimes only one signs the contract and, therefore, this is the holder of the rights and obligations.

The regulations also allow the right to substitute the partner or certain relatives who live with the tenant in the rental contract, in the event that the latter leaves the apartment. A) Yes, those who are subrogated in the contract would assume the same rights than the original tenant.

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