Homeowners’ associations can often become real hotspots for conflict. It is not uncommon to find neighbours making noise at all hours, playing loud music, or causing constant disturbances with shouting, parties, or antisocial behaviour. This week’s article addresses a particularly sensitive situation: problems with a tenant and the homeowners’ association. What happens if your tenant causes conflicts within the community? Do you, as a landlord, have any responsibility?
What does the law say? Urban Leasehold and Horizontal Property Laws.
Spanish regulations set clear limits regarding the use of a dwelling.
.- Article 7.2 of the Horizontal Property Law explicitly prohibits carrying out “annoying, unhealthy, harmful, dangerous or illegal activities.” When such behaviour affects the whole community, legal measures may be taken.
.- Meanwhile, Article 27 of the Urban Leasehold Law allows for the termination of the lease if the tenant causes wilful damage to the property or engages in disturbing, harmful, or dangerous activities.
.- Additionally, Article 1124 of the Spanish Civil Code permits contract termination in cases of serious breach of obligations by either party.
Can a landlord be held responsible for their tenant’s actions?.
In principle, no. If the tenant is the cause of the problems, the homeowners’ association should first address them directly. However, if disturbances persist and the landlord does not cooperate or respond to the association’s requests, the situation changes. An indirect liability could arise due to the landlord’s passivity or neglect.
Recent case law recognises this possibility. If the landlord is aware of the issues and fails to act, they may incur what is known as “fault in supervision”. Courts have ruled that landlords can be held partially responsible for tolerating behaviours that disrupt community living.
Therefore, if you are a landlord and receive complaints from the homeowners’ association about your tenant’s behaviour, it is essential to act diligently. We advise seeking expert legal advice to assess the situation precisely and act in a way that minimises your risks and possible legal consequences. A reasonable preventive step is to provide the tenant with a copy of the community’s statutes, internal regulations if any, and, where applicable, municipal coexistence ordinances regulating, for example, quiet hours. It is also advisable to state explicitly in the lease that the tenant agrees to respect these rules.
What can happen if the Landlord does not act upon the Community’s complaints?.
If the landlord remains inactive, the homeowners’ association may decide in a meeting to initiate legal action, not only against the tenant but also against the landlord. In severe cases, a judge could even prohibit the landlord from using the property for up to three years and order the tenant’s eviction.
Depending on the circumstances, the tenant will generally be the primary party responsible for the disturbances. However, the landlord may be drawn into the conflict if they fail to act responsibly.
Conclusion.
At White-Baos Lawyers, we specialise in real estate law. If you are experiencing problems with a tenant causing conflicts in your community, do not hesitate to contact us. We can advise you on how to protect your rights as a landlord and maintain peaceful community living.
The information provided in this article does not constitute legal advice but is intended for general informational purposes only.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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