LA SUBROGACIÓN DEL ARRENDATARIO DE VIVIENDA EN LA LEY DE ARRENDAMIENTOS URBANOS.

Abstract

Article 16 of the Urban Lease Act of 1994 allows another person to take the lessee's place after the lessee's death, and thus to acquire all the rights and obligations held thitherto by the now deceased lessee. In such cases, after subrogation the lease continues in force between the lessor and the person taking up the position of the lessee. The article at issue establishes an order of precedence amongst the persons who are entitled to continue as lessees under the lease. They are all persons related somehow with the deceased lessee. This commentary analyses the problems that arise due to subrogation in the lessee's position in an urban lease, such as the person entitled to perform subrogation, the requirement of notifying the lessor of the subrogation, the payment of rent if the lease is terminated, the existence of a non-subrogation agreement in the lease, etc.