Non domino leasing
Keywords:
Residential lease agreement, leasing of someone else's property, act of administration, warranty of good title, unjust enrichmentAbstract
Among the protective measures promoted by the Spanish legislator in favor of tenant in housing lease contracts, the Royal Decree-Law 7/2019, March 1st, of urgent measures in the field of housing and rent and which has reformed the Urban Leasing Act, we find the original article 13.3. In this way, our legal system introduces the protection of the tenant in the non-domino leasing, in which the landlord appears to be the owner of the property.
The article 13.3 Urban Leasing Act has limited temporarily and for the cases expressly included, the exercise of the action of warranty of good title applicable by article 1553 Civil Code. If the requirements met, the owner dispossessed have to tolerate the rent for a maximum of five years -if natural person- or seven years -if legal person-, depending on tenant decision, without prejudice to legal actions against the non domino leasing.
