Renting a home is one of the most common options for those who do not want or cannot purchase a property. However, the relationship between landlord and tenant does not always run smoothly. conflicts. One of the most common problems is meddling of the owner in the home without the tenant’s consenta topic that raises many doubts about the rights and legal limits of both parties. In this context, Alberto Sánchez, a lawyer known on social networks as ‘legalmente.rrss’, has clarified through a TikTok video, if a owner has the right to enter a rented accommodation.
According to the lawyer, one of the most common clauses in rental contracts is the one that establishes that the owner can carry out periodic visits to inspect the home or show it to future tenants or buyers. However, the expert affirms that this clause is totally invalid: «You don’t have to let the owner into your rental home, even if it is in the contract. There are times when housing rental contracts establish a series of visits, with advance notice, so that the owner can go to inspect the rental property or even show it to future tenants or buyers. Well, this is completely null.
The inviolability of the home: a fundamental right
The lawyer insists that the law is clear in this regard, the rented home becomes the tenant’s domicile during the term of the contract and the home is inviolable. In this sense, the right to the inviolability of the home is included in the article 18 of the Spanish Constitution. Therefore, only people to whom the tenant has given permission can enter the home. explicit consent: “The home is inviolable and only the person you want can enter for as long as you want,” says the expert.
What happens if the owner enters without permission?
Likewise, Sánchez emphasizes that if an owner enters the home without the tenant’s consent, a crime would be committed. crime. «I won’t tell you anything if the owner comes in without even telling you. There you can even call the police, because a crime is being committed. This crime, typified in the Penal Codeprotects tenants from any intrusion into their home without their consent.
The exception
Finally, it should be noted that, although the owner cannot freely enter the home, according to the lawyer, there is an exception where the tenant is required to allow access: «The only exception is if there is a breakdown in the rental property. There you will have to let both the owner and the workers he sends pass, but only under this circumstance. Although, in these cases, access is limited exclusively to the repair of damage and does not imply that the owner can inspect other areas of the home.
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