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Thread: Advice on a sublet and other help please

  1. #1
    Junior Member
    Join Date
    Jan 2010
    Posts
    1

    Default Advice on a sublet and other help please

    Hi,
    I am about to take over the tenancy contract from my best friend who was the old tenant of an apartment in Barcelona. I have been in the property for 18 months and my friend 7 years before then. The landlord is aware of this and as the current contract expires in February I intend to sign a new contract. Is it possible to purely extend the current contract with a name change? I would not like to face a rental increase because of a contract change.

    Anyway, I have to leave Spain for 8 months from February because of a work contract and I have a friend who wants to take it whilst I am away. Even though he is a friend, when it comes to matters like this I prefer to be safe rather than sorry. Am I able to take out a sublet contract with him? where by I sublet the flat without relinquishing possession as the main tenant and then have no problems moving back in. If there are any rent paying problems am I able to simply remove them as they have no contract with the owner. Of course it shouldn't come to this but I don't want any problems upon my return. Should I ask for a deposit against my furniture which is in the flat? Do I have to give them notice to leave as sub tenants, and is a legal contract possible between a tenant and sub tenant? Thanks

    Craig Coupe

  2. #2
    Senior Member
    Join Date
    Oct 2008
    Location
    Marbella
    Posts
    1,095

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    Dear Sir,

    When you let or sublet a property you relinquish possession, they go hand in hand. Alternatively you could sublet just a bedroom for example.

    Of course it's possible you being a tenant to draft a Tenancy agreement and sublet the property to someone else of your choice providing your own Tenancy Agreement had no clause forbidding sublets. If the latter is the case, there is no legal impediment.

    Yours faithfully,
    Raymundo Larraín Nesbitt
    Last edited by Lawbird Lawyer; 01-12-2010 at 02:30 PM.

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