Does my landlord have the right to enter my apartment when I AM NOT THERE?

Many clients contacted our Law Firm Pérez Parras Economists & Lawyers Firm in Málaga and Nerja to ask us if the owner of a rental apartment can access the dwelling when the tenants are not there, and without their consent.

Many problems and difficulties may arise when renting a home. Therefore, legal advice is important to make the right decisions, and not to be faced with an even greater problem.

Can the proprietor access the rental property without the knowledge or consent of the tenant?

The landlord cannot enter the tenant’s home. Even if a clause in the contract specifies that the lessor reserved that right. Such a clause would be null and illegal.

The landlord cannot enter the tenant’s home, except with the tenant’s permission, or through court order. No-one can renounce fundamental rights such as those commented, and established in the Spanish Constitution.

What to do if my landlord enters the home without permission?

The owner cannot enter the tenant’s house without his consent when that one is absent. In that situation, he will be committing a crime of breaking and entering. This crime is punishable by imprisonment from 6 months to 2 years.

For that reason, the tenant will be entitled to file a claim against the property owner.

My Home is my Castle

How will I be affected with or without proof that my landlord enters my rented home?

Without witness, recording or testimony, the best solution is to change the door lock.

You see, an accusation without evidence will be useless.

However, with proof, the tenant can request the termination of the lease for breach of contract by the proprietor. The argument will be that the landlord has violated the use and enjoyment of the leased property.

What possible evidence can I gather to show that my landlord enters the rented house without my permission?

• The testimony of another person
• My landlord’s own declaration of having entered the dwelling (a difficult and strange thing to do),
• Video recordings,
• Etc…

Without evidence, we cannot and should not terminate the lease.

The landlord can sue us to claim unpaid rent and other damages caused by our breach of contract.

The Law protects the rights of landlord and tenant alike.

Consequently, it is essential to obtain legal advice through your lawyer, before making erroneous decisions that may end up vindicating the property owner, while he is the one violating your rights. If wrong decisions are made, the effect may be the opposite of the desired one.

In summary, the simplest option to prevent the landlord from entering the rented dwelling, and if there is no clear proof of that fact, is to change the lock of the home upon entering it. It is advisable, in addition, to keep the original lock and its corresponding keys, to replace it at the end of the lease. Thus, at the end of the lease, the owner will have his original lock again, and the tenant can take the lock and keys that he paid for.

If you have any difficulty with your proprietor, or if you have questions or inquiries about your rental home, and you want to know your rights, do not hesitate to contact our office of Economists & Lawyers in Malaga and Nerja . We will help you to answer your housing rental problems, and to find the best solution. We are experts in contracting, in renting houses, in tourist apartments and in Communities of Owners.