Right of subrogation: Who inherits the house if the tenant dies?


The law establishes an order of persons with the right to subrogate in the contractual position of the tenant who dies. The first of these places, and, therefore, the preferred one, is occupied by the lessee’s spouse, provided that at the time of death they lived with him. The descendants of the lessee, whose position is later in the established order of priority, are only entitled if at the time of the lessee’s death they were subject to their parental authority or guardianship or if they had habitually lived with him during the preceding two years. Be careful because the lease will be terminated if within three months of the death, the lessor does not receive notification in writing of the fact of death, with a death registration certificate, and the identity of the surrogate, indicating his relationship with the deceased and offering, where appropriate, a principle of proof that he meets the legal requirements to be subrogated. If the landlord received , as could happen here, several notifications whose senders support their status as beneficiaries of the subrogation, the lease may The lender considers them joint and several debtors of the tenant’s own obligations as long as they maintain their claim to subrogation. *The answer has been prepared by the law firm Echeandia & Alevito: www.echeandia-alevito.com