Peculiarities of joint rental: when debt becomes a shared responsibility
In Spanish cities where demand for rental housing is high, many people rent apartments together with other tenants. In these cases, the principle of joint liability is often applied. This means that if one of the tenants fails to pay their portion, the other parties to the contract may be obliged to cover the full amount owed.
Legal basis: what the law provides
Issues related to tenants’ obligations are governed not only by the contract, but also by civil legislation. The Law on Urban Leases (Ley de Arrendamientos Urbanos) does not contain specific provisions on the type of liability between several tenants. In such situations, the Spanish Civil Code applies. If the contract does not state otherwise, the principle of proportional liability applies: each tenant is only responsible for their own share. However, if the contract specifies joint liability, the property owner has the right to demand the entire amount from any one of the tenants.
How it works in practice: joint liability in action
When the rental agreement includes the relevant clause, all tenants are fully responsible for the payment. In the event of late payment, the landlord can require any of the tenants to pay the entire debt. After this, the tenant who paid can independently recover their share from the other tenants. This arrangement protects the landlord’s interests and speeds up the debt collection process.
Termination of the contract: how to exit your obligations
It is not possible to unilaterally withdraw from a joint and several liability rental contract. Ending such obligations requires the consent of all parties: the rest of the tenants and the landlord. If there is no written agreement, payment responsibility remains until the contract expires or official changes are made. It is important to discuss exit conditions in advance and put agreements in writing to avoid future disputes.
