Alquiler Seguro has pointed out that, when a tenant leaves a shared apartment and another person occupies their place without notifying the owner or updating the lease, the outgoing tenant may continue to be responsible for all obligations of the contract, while the newcomer does not obtain legal rights over the property.
The head of the legal department of Alquiler Seguro, Carlos Sánchez, has indicated to Europa Press that, if a tenant introduces a friend to replace them in the property and that replacement is not notified to the owner nor included in a contractual annex, "the previous tenant remains subject to the obligations arising from that contract."
At the same time, the new resident, despite living in the house, "has truly not acquired any rights."
According to Sánchez, in this context the owner could demand that the new occupant vacate the property, understanding that it is "de facto" a case of occupation without a valid title.
The company emphasizes that this scenario is common in shared apartments, where the continuous rotation of residents leads to informally replacing roommates to avoid administrative procedures. According to Alquiler Seguro, this way of proceeding leaves both the departing tenant and the person entering in an uncertain situation.
Furthermore, the company highlights that the difference with room rentals has a relevant legal impact. In a shared apartment, there is a single lease contract in which several tenants are listed, while in room rentals each occupant signs an independent contract for the stay they use.
In shared rental, all tenants listed in the contract jointly assume the obligations related to the payment of rent and the proper use of the property. Therefore, if one leaves the property without formalizing their exit, they may still be liable for contractual obligations, including the payment of debts that arise later due to the actions of the new resident.
On the other hand, Sánchez specifies that, in a room rental, each tenant is only responsible for the obligations associated with the room stated in their contract. Thus, if a roommate leaves the property and later causes damage to their stay, the occupant of another room would not have to assume those damages, except regarding common areas and the specific responsibilities of each contract.
The absence of a formal update to the contract also affects the deposit. Alquiler Seguro warns that the tenant who leaves without regularizing their departure may be left without a clear legal channel to claim their part of the deposit at the end of the contract, while someone who enters without being listed as the holder cannot officially prove the rental to request certain aids or tax advantages.
Likewise, the company alerts to possible conflicts with home and civil liability insurance when the people living in the property do not match the contract holders. In these circumstances, a claim caused by the new occupant could be excluded from coverage or generate claims against the legal holders, who would have to bear the cost of the damages or potential compensations.
For all these reasons, Alquiler Seguro urges to inform the owner of any changes in the cohabitation and to formalize in writing the necessary modifications, so that the contract reflects at all times who actually resides in the property.