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There is a judicial proceeding available for the tenant when the landlord does not want to receive the keys


Sometimes it has given the event that the lessor/landlord refuses to collect the keys that the tenant wants to hand over, upon termination of the letting agreement. There could be many reasons to do so, but usually it happens in cases in which the lessor considers that the contract is not finished (if he accepted the keys it could be considered as a tacit acceptance of the resolution) whilst the tenant considers that it is terminated. Leaving aside the question of whether the contract is or is not extinguished; or if the tenant notified in advance, according to the contract, his will to resolve it; the different motives of the landlord for not receiving the keys; we will focus on the procedure to be carried out by the tenant in order to make judicial consignment of the keys.


The tenant holds the possibility to enact the so-called "judicial consignment of the keys" when the landlord refuses to receive them , in order to prove that he has ceased in the possession of the premises or house. The new Law of Voluntary Jurisdiction refers to it in Chapter II of Title V about the specialties of consignment. Articles 1176 and following of the Civil Code and Articles of Voluntary Jurisdiction Act 15/2015 seem to be designed for cases where the obligation is the payment (monies). However, nothing to prevent voluntary jurisdiction can be applied in the case of judicial consignment of keys when trying to cease possession. It should be understood that the termination of possession is a unilateral act of the tenant that has nothing to do with the extinction of the contract. If the aim is only to cease possession the way would be voluntary jurisdiction. If the aim is the resolution of the contract, then should be made to another route.
It is very important to recall that, before starting the legal proceeding it is necessary that the tenant sends an offer to the landlord with negative results. That is, the tenant sends a burofax to the landlord to collect the keys and he refuses. This letter must be presented to the Court as evidence of the offer. And as we said earlier, the resolution of voluntary jurisdiction does not prejudge about other issues and only proves the unilateral cessation of possession by the tenant.



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