Can I change the locks or cut off a non-paying tenant's electricity?

Question

José Manuel Alburquerque · Accepted Answer

No, because even if the tenant owes you months of rent, only the court can remove him or her. Changing the locks, cutting off the electricity, water or gas or entering the flat without the tenant's permission may be a criminal offence, for example coercion (“coacciones”) or unlawful entry into a dwelling (“allanamiento de morada”). It would also put you in the wrong when you are in the right. What you can do is demand payment, try to reach an agreement and bring a possession claim. You cannot do it with rented commercial premises either, because there too you have to go through the courts. Why not Coercion. The Spanish Criminal Code (“Código Penal”) imposes a heavier penalty for coercion aimed at preventing someone from enjoying their home. Cutting off the utilities or changing the locks to make the tenant pay or leave is the typical case. Unlawful entry into a dwelling. The rented flat is the tenant's home, even though it belongs to you. Entering without the tenant's permission, even with a key you have kept, may be a criminal offence. Taking the law into your own hands (“realización arbitraria del propio derecho”), which means enforcing a right yourself, such as collecting what you are owed or recovering the flat, by using violence, intimidation or force against property, for example by forcing the door. Landlord harassment (“acoso inmobiliario”), if the tenant is pressured again and again to leave. In Catalonia it is also an infringement under the Catalan Right to Housing Act. A clause in the contract allowing you to cut off the utilities or change the locks if the tenant does not pay is not valid, even if it has been signed. What can happen to you Besides the criminal risk, the tenant can ask the court, through a fast-track procedure designed for this, to restore possession of the flat to him or her. The tenant can also claim damages from you for the harm you have caused. Meanwhile, the debt remains unpaid and the eviction you needed is delayed. What you can do Send a formal demand for payment by “burofax” (a certified letter with proof of content) and propose an agreement, which must be attempted before bringing a claim. Bring a possession claim together with a claim for the rent. If the tenant leaves and returns the keys, sign a document with the tenant recording the date of handover and the condition of the flat. If the tenant has left without returning the keys, do not go in on your own initiative. The prudent course is to ask the court for possession. If you have already brought a possession claim, you can ask for the date on which the court bailiffs are to recover the property (the “lanzamiento”) to be kept so that an official record of the flat's condition is drawn up.