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WHAT HAPPENS WHEN USUFRUCTURE DIES IN A RENTAL AGREEMENT?

Sep 2, 2020 | Uncategorized

In a bare property, the usufructuary has the right to sign the lease. But what happens if the usufructuary who signed the lease dies? Can tenants continue the remaining years of contract to end the lease?

Logically, the landlord should respect what the usufructuary signed when he died, just as it happens when a landlord dies and his heirs have to respect the lease signed by the deceased. However, the law says that from the moment the usufructuary dies, the lease is automatically terminated. That is why a lease does not provide security if it is signed by the usufructuary.

From Grup Solfinc we consider that the ideal way to act according to the law is not the right one. Leases signed by usufructuaries and contracts signed by landlords should be equated. The government has changed the Urban Leases Act to benefit tenants but no changes have been made in this regard, which is detrimental to many tenants who find themselves with an overnight lease.

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