Can the landlord enter the rented flat?

Question

José Manuel Alburquerque · Accepted Answer

No, unless the tenant lets the landlord in, a court authorises it or there is a genuine emergency. While the tenancy lasts, the flat is the tenant's home and the Spanish Constitution protects it, even though someone else owns it and keeps a key. Entering without permission may be the offence of unlawful entry into a dwelling (“allanamiento de morada”), committed by anyone who enters another person's home against the will of the person who lives there. What the tenant does have to do is let the landlord and the workers in for the repairs and works that the law obliges the tenant to put up with. When the landlord can enter With the tenant's permission for that day. The prudent course is to ask for it in writing a few days in advance and to agree a time. If the tenant is not going to be there, the permission should be in writing. With the authorisation of a court. In a genuine emergency, such as a water leak flooding the flat below when the tenant is out and cannot be reached. The safest course is to call 112 first, because the police can enter a home to prevent serious and imminent harm. Sometimes it is enough to turn off the stopcock for that flat, if it is outside the home. If the landlord still has to go in, he or she should do only what is strictly necessary to stop the damage, with witnesses if possible. The tenant must then be told straight away. A clause in the tenancy agreement allowing the landlord to enter with prior notice does not entitle the landlord to do so if the tenant objects on the day. What the landlord can do is demand that the tenant comply with the agreement, not go in on his or her own initiative. Repairs and works The tenant must let the landlord and the workers in to carry out necessary repairs and the works the law obliges the tenant to put up with, such as repairs to keep the home habitable that cannot wait until the end of the tenancy. If the tenant refuses, the landlord cannot go in on his or her own initiative either. The landlord has to ask the tenant in writing and, if that fails, take the matter to court, after attempting the negotiation that the law requires before suing. What is at stake Unlawful entry into a dwelling is punishable by six months to two years in prison, or one to four years and a fine if there is violence or intimidation. Being the owner of the flat or having a key does not change this. Repeatedly entering the flat to put pressure on the tenant, for example to make the tenant leave or pay, may also be an offence of coercion (“coacciones”) or landlord harassment (“acoso inmobiliario”). Going in or changing the lock because the landlord believes the tenant has left without returning the keys is also risky. The prudent course is to ask the court to restore possession to the landlord.