WHEN IS THE RENT DUE, DARLING?
The Supreme Court has agreed to force the eviction of a married couple from their home in a rural part of Alicante, Spain, who have not paid their rent… Since 1949!
Juan Ll and Consuelo S had moved into the house previously occupied by Juan´s father, who had signed a lease with the Grandfather of the current legal owner, “sometime before 1948”, however the last recorded rent payment was received in 1949. The couple who were currently residing in the property had moved into the house without taking over the lease in their name, and still continued to avoid any payment.
There had been issues with the original contract for which a loophole had allowed them to remain in the building, and so the owner of the property took the tenants to court, on the basis that they were “freely using the goods of another who holds possession”, but the court in Alicante rejected the claim.
However, the case went on to the Provincial Court, who backed the eviction, but the tenants then used their right to further appeal, this time reaching the last leg of the process, the Supreme Court, who has upheld the eviction.
Thus, the court’s decision takes into account that it has been more than sixty years since any rent was paid and over fifty without the express act of subrogation, the legal doctrine whereby one person takes over the rights or remedies of another against a third party.