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New Amendment to Lease Law – Prohibition and punishment of harassment in leases

The 5th amendment to the lease law entered into force, with Law 12/2019 of the 12th February, concerning the implementation of the prohibition and punishment for harassment in leases.

The harassement in leases consist in any illegitimate behavior of the landlord, or whoever represents him or any third party interested in the acquisition or commercialization of the property that, with the goal to vacate the same, disturbs, constraints or affects the dignity of the tenant, subtenant or any person that legitimaly lives with them in the property, subjecting them to an intimidating, hostile, degrading, dangerous, humiliating, disturbing or offensive, or impedes or gravely impairs the access and use of the property.

The tenant has the right to oblige the landlord to take measures to cease noise, correct deficiencies in the property or in the common parts of the building and correct other situations that impair the use of the property, the access to the same or to basic services, through a notice.

The landlord must inform about the adoption of corrective measures within 30 days counting from the reception of the notice, otherwise it may be subject to court proceedings with a demand of a pecuniary sanction of € 20,00 per day until the information of the compliance is given or until the court proceedings are initiated. The pecuniary sanction may be aggravated by 50% if the tenant is 65 years old or older, or bears a disability equal or superior to 60%.

Furthermore, notwithstanding the notice, the tenant may request an urgent inspection to the competent City Hall to verify the behavior of the landlord.

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