A tenant is disturbing the neighbours: can they be evicted?

Question

José Manuel Alburquerque · Accepted Answer

Yes, if the nuisance is serious and can be proved. The “Ley de Arrendamientos Urbanos” (LAU), Spain's urban tenancies act, allows the landlord to ask the court to terminate the contract, that is, to bring it to an end, when “disturbing, unhealthy, harmful, dangerous or unlawful activities take place” in the home. In Catalonia, the owners' association can also ask the court, even if the landlord does nothing, to order the nuisance to stop and, if it continues, to bring the tenant's tenancy to an end. Isolated incidents are not usually enough, so the first step is to gather evidence. What the landlord can do Gather evidence, such as reports made to the police and police reports, statements from the neighbours, notarial records (“actas notariales”) and noise measurements. Demand in writing that the tenant stop causing a nuisance, by a means that leaves a record, such as a “burofax” (a certified letter with proof of content). If it continues, bring a claim for termination of the contract. Beforehand, the law requires an attempt at negotiation, which can be proposed in the same letter, for example by suggesting a date for leaving the flat by mutual agreement. What the owners' association can do in Catalonia The “Código Civil de Cataluña”, the Catalan Civil Code, prohibits owners and occupiers from carrying on activities that are contrary to normal coexistence in the community or that damage or endanger the building. The procedure is as follows: The chair, on his or her own initiative or at the request of a quarter of the owners, must demand that whoever is causing the nuisance stop it, by a means that leaves a record. If it continues, the owners' general meeting can resolve to sue the tenant and the owner of the flat. It is advisable to sue both, especially if the association is going to ask for the tenancy agreement, to which the owner is a party, to be ended. The claim is accompanied by that written demand and by the certificate of the meeting's resolution. Before suing, an attempt at negotiation is required, as in most civil claims. While the proceedings are under way, the court can order the nuisance to stop immediately. The association is entitled to compensation and, if the nuisance continues, can ask for the occupier to be deprived of the use of the flat for up to two years and, where appropriate, for his or her tenancy agreement to be ended. Individual neighbours Each neighbour affected can also bring an individual claim to have the noise, fumes or smells reaching his or her home stopped and to be compensated for the damage. For noise at unsocial hours it is usually useful to call the police at the time, because their report can later be used as evidence.