The Urban Leases Law (LAU) states in which cases the landlord can enter your rented property, what are they?
When a person rents a dwelling, it becomes his or her habitual residence, his or her home. However, the property remains in the hands of the landlord, so it is often believed that the landlord can enter a rented apartment whenever he wants. Is this true, andunder what circumstances can the landlord enter an apartment with a tenant? We solve your doubts.
- Can the landlord enter your rented apartment without permission?
- What happens if the landlord enters my rented apartment?
- Can I refuse to show the apartment as a tenant?
- Can the landlord come in if repairs need to be made?
Can the landlord enter your rented apartment without permission?
The answer is no. As soon as there is a rental contract indicating that the property is rented to a tenant, the house becomes the tenant’s dwelling. Therefore, it will not be possible to enter if the tenant does not consent to it, since the landlord has granted the use of the house in exchange for financial compensation.
The refusal to do so is a fundamental right that is included in Article 18 of the Spanish Constitution: “The home is inviolable. No entry or search may be made therein without the consent of the owner or judicial resolution, except in the case of flagrante delicto”.
What happens if the landlord enters my rented apartment?
If the landlord enters the tenant’s rented home without the tenant’s permission, it is a trespassing offense, which can result in imprisonment. “If there is breaking and entering, the penalty is imprisonment from six months to two years. If this fact is executed with violence or intimidation, the penalty shall be imprisonment of one to four years and a fine of six to 12 months,” states Article 202 of the Penal Code.
In this situation, the tenant could file a lawsuit against the landlord and the law would protect him if he could prove that he has entered without permission (recordings, testimonies, security cameras, etc.).
Can I refuse to show the apartment as a tenant?
This question is frequently asked. Occasionally, the owner puts the house up for sale with a tenant and asks him to show the property while he still lives there. The answer is that, in general, the lessee is not obliged to do so, since, until the lease is terminated, it is still the lessee’s domicile. However, at the time the contract is drawn up, a clause may specify that this possibility exists.
However, it is recommended that the parties reach an agreement on this issue. If there is a good relationship between the two, why not do the favor? It should be remembered that, in the event that the owner decides to sell the house, the tenant has the right of first refusal over all other interested parties.
Can the landlord come in if repairs need to be made?
There is a scenario included in the LAU, in which the landlord has the right to enter the rented property: to verify if repairs or improvement works are required to preserve the habitability conditions. In this case, the technician or technicians who are going to carry out such actions may enter.
Even so, the tenant must consent to an examination of the dwelling by the technicians or the landlord. If the tenant refuses and damage to the dwelling is caused, the tenant shall be liable for any damages arising from the failure to authorize entry.
