Can a neighbour who keeps causing a nuisance be evicted from their flat, even if they own it?

Question

José Manuel Alburquerque · Accepted Answer

Their ownership cannot be taken away from them. But if the disturbance they cause is serious and continues after the owners' association (the “comunidad de propietarios”) has demanded that they stop, the judge can deprive them of the use of their flat for up to two years, even if they own it. During that time they have to leave the home, which remains theirs. If the person causing the disturbance is not the owner but a tenant or someone else occupying the flat, the judge can also bring their contract or their right to live there to an end. What the judge can order Article 553-40 of the “Código Civil de Cataluña”, the Catalan Civil Code, allows the association to ask the judge to order: That the disturbance stop, even immediately, as an interim measure while the case is ongoing. That the association be compensated for the harm caused to it. If the disturbance continues, that the person causing it be deprived of the use of the flat for a period of no more than two years. They have to leave and, if they do not, they can be evicted. If they are the owner, they remain the owner and, in principle, must keep paying the service charges. If the occupier is not the owner, that their tenancy agreement, or whatever other right allows them to live there, be brought to an end. In that case they lose the home for good. If the person causing the disturbance is a tenant, what the owner and the association can do is explained in the question about a tenant who disturbs the neighbours. When it comes to that To get there, the president must have formally required the neighbour to stop by a method that leaves a record, such as a “burofax” (a certified letter with proof of content). If the neighbour carries on, the owners' general meeting must resolve to sue them. Before the claim is filed, the law generally requires an attempt at negotiation. It is an exceptional measure. The courts reserve it for serious, persistent and proven disturbance. They also adjust its length. In a 2018 case decided by the “Audiencia Provincial” of Barcelona, the provincial appeal court, involving loud music at night, noise in the early hours, parties and threats, the association asked for two years and the first-instance court granted one, with eviction, because the disturbance had decreased after the claim was filed. Reducing the noise once the case was under way did not prevent the order being made, but it did shorten it. If the owner does not live in the flat An owner who allows someone causing a disturbance to live in their flat can also end up being held liable. In that case, the occupier was the daughter of the owners, who did not live there. The judgment went against them because they had attended the meetings, had been sent a formal demand and did nothing to remedy the situation. That is why it is advisable for the association always to send the formal demand to the owner as well. In the rest of Spain, the Horizontal Property Act (“Ley de Propiedad Horizontal”) allows deprivation of use for up to three years. If the person causing the disturbance is not the owner, the judge can declare all their rights over the home extinguished and order them to leave immediately.