The complexity of coexistence has caused the need to establish a series of obligations and prohibitions for those owners and neighbors who have their habitual residence in residential buildings or farms. These provisions are established in the Horizontal Property Law, whose formulation sought to resolve some of the the most common conflicts generated between residents.
Law 49/1960, of July 21, on horizontal property, also known as LPH, is known for providing both the rights and some rules of behavior for owners. However, what few know is that these obligations also affect those tenants who, by lease, are residing in the building or property.
This means that, just as an owner can be taken to court by the community if he carries out certain activities prohibited by law or bylaws, tenants can also be subject to said legal proceedings. One of the most common cases occurs when the provisions of article 7.2 are breached about actions that are harmful to both the rest of the neighbors and the building.
The president must request the cessation of the activity
Specifically, said article prohibits both the owner and the occupant of the apartment or premises, in this case the tenant, from carrying out “activities prohibited in the statutes, which are harmful to the property or which contravene the general provisions on annoying, unhealthy, harmful, dangerous or illegal activities“both inside and in the rest of the property.
This includes some quite common situations, such as the presence of a neighbor who causes noise during rest hours or who does not follow the rules of coexistence and cleanliness within the building. Issues that, although they can be solved with a wake-up call or financial sanction, can also end up in more serious judicial issues such as termination of the lease.
However, in order to solve this type of problem, it is necessary to follow the legal procedure provided in the same article of the LPH. First of all, it is the president of the community who has the right to request the cessation of such activities. This step may be on its own initiative or the result of convening a meeting of owners affected by this issue.
The legal consequences may affect the homeowner
Said request must be made through a formal communication, which can be in both written and oral formats. Although what specialized lawyers recommend is to do it in writing, since it can be used as evidence. In the event that the neighbor refuses to cease the activity or does not respond and continue carrying it out, the president the claim process can begin.
This must be accompanied “by the accreditation of the reliable requirement to the offender and the certification of the agreement adopted by the Board of Owners.” Likewise, the most advisable thing is to add evidence that demonstrates the neighbor’s behavior and that this constitutes an action repeated over time. With this information, a judge will be in charge of determining what measures or sanctions to impose on the defendant.
The ruling may establish the immediate cessation of the nuisance activities, as well as compensation for damages to the community of neighbors and the termination of the rental contract. This last issue is based on the provisions of article 27.2.e of the Urban Leasing Law, which establishes the owner’s right to terminate the contract if “annoying, unhealthy, harmful, dangerous or illicit activities” are carried out. However, the legal consequences also can have a direct impact on the homeowner.