ICONOS FINALES-TRAZADOS

Covert transfer

Translation generated by AI. Access the original version

Can they terminate the contract if a third party continues the business in their premises?

Covert transfer

The transfer is the definitive assignment of the lease contract to a third party in exchange for a price; that is, the tenant "transfers" their position in the lease contract to a third party, and therefore ceases to be part of it. On the other hand, the new tenant subrogates into the contract and assumes all the rights and obligations that the previous tenant had.

On the other hand, there is an industrial lease when the following circumstances occur:

  • The tenant retains possession of the premises, remaining as the holder of the contract.
  • The third party is limited to operating the business, that is, renting it for a specified period in exchange for the payment of rent.

It should be noted that the industrial lease cannot be used to conceal a true transfer (i. e., an assignment of the lease contract). This is important because, if there has actually been a transfer, the legal obligation to notify the lessor must be fulfilled, who has the right to increase the rent or even —if agreed upon in the lease contract— to receive a percentage of the transfer.

Therefore, in the event that you operate a business in a leased premises and want a third party to continue with your activity, do not forget to make the formal notification (by burofax) to the lessor within one month from the date of the transfer or sublease. Otherwise, the lessor may terminate the lease contract.

 

Our professionals will advise and assist you in all legal matters if you wish to transfer your business.

Newsletter

* Required fields

DATA PROTECTION INFORMATION

Controller

ECONOMIC BUSINESS SYSTEMS CONSULTING, S.L.

Purposes

Management of and contact with users; The data requested through the contact form, sent by email or provided by telephone published on our website will be used to answer your enquiry and to send you information about our organisation and services. The consequences of not providing us with this data will be the impossibility of contacting you and providing a response to your request. You have the right to receive a response to any question, enquiry or clarification arising from this form or from the other means of contact published on the corporate website, by calling us, sending us an email or visiting our premises.

Legal basis

(Art. 6.1.a GDPR) Consent of the data subject; (Art. 6.1.f GDPR) Legitimate interest of the Data Controller or third parties. Organic Law on the Protection of Personal Data and the Guarantee of Digital Rights (LOPDGDD) 3/2018, Regulation (EU) 2016/679 on the protection of personal data

Retention

Other. We keep your data only for the time necessary to handle the information request or if there is any legal obligation or legitimate interest in this respect.

Recipients

We do not transfer your data to anyone, but we may allow its processing by third parties solely for technical, legal and/or service-provision reasons.

International transfers

There is no provision to carry out international transfers of your personal data

Rights & more info

the email nfernandez@ebserco.com or at our premises located at Calle Sant Pelegri, 109, 25300 Tàrrega (Lleida) Spain.

You can access the legal notice and the full information here

Drag the arrow into the white box to activate the button

RELATED CONTENT