Urban leases

The Superior Court of Justice of Catalonia (TSJ) has upheld the appeal of a commercial entity and has annulled an administrative sanction that had been imposed on it for an alleged very serious infringement of real estate harassment. According to the TSJ, based on the information in the file, it could not be considered proven that the company had committed such harassment.

In this case, the sanction was linked to problems in the building and the dwelling (for example, repairs to downspouts/drains and the water issue, which was even considered non-potable due to lead concentration). The Administration believed that not properly addressing those repairs fit into the concept of "real estate harassment". However, the TSJ explains that, although leaving pending works or delaying repairs may be part of the context, that does not automatically turn the situation into real estate harassment.

The key lies in what the Catalan law requires, as real estate harassment involves acting (or failing to act) in an abusive manner with the aim of disturbing the occupant , creating a hostile environment, and ultimately, forcing them to make an unwanted decision about their right to occupy the dwelling (for example, to leave). Put simply, it is not enough for there to be poor conditions or conflicts over repairs; there needs to be a kind of "strategy" strategy with a certain intensity to evict the person. Here, the High Court sees that there were rental agreements

(2010 and 2015), agreements for rent reduction or rent-free periods due to problems and renovations, and does not see clear signs of an intent to evict . Even when the will not to renew the contract was communicated in 2018, the court does not detect a change in attitude showing a harassment plan. Therefore, it concludes that real estate harassment is not a "tertium genus" of simple breach of conservation duties or something that occurs just because one wants to end a contract; it requires harassment and eviction purpose , and that was not proven. Therefore, it overturns the previous judgment and annuls the penalty, without imposing costs. harassment and eviction purpose , and that was not proven. Therefore, the previous judgment is revoked and the sanction is annulled, without imposing costs.