The negatory action, immissions, easements and neighbourhood relations

The administration is carrying out intense inspection and control activity on this type of unlicensed housing. Beyond the specific regulation of the activity, what we address here is the problem generated by the current market of illegal tourist accommodation establishments for owners of rented housing. 

More and more tenants with long-term leases  are subletting them, whole or by room, as tourist accommodation to save money or make ends meet, without seeking authorisation from the property owner, not to mention the social and neighbourhood conflict this generates within residents' communities. 

Once an inspection file has been opened based on the activity itself published on platforms and verified by the administration, communications are often received at the property itself, and the landlord is the last to find out. 

This means that, due to failure to appear and submit arguments in defence of their rights, the administrative file is resolved without anyone knowing that the owner is unaware of the situation. In fact, many owners only find out when they receive the first notice of a sanctioning file, which by then is practically unstoppable. The penalties are considerable, and it is essential to file the corresponding appeals promptly and quickly. 

Furthermore, if the signed lease agreement does not permit assignment or subletting, this constitutes grounds for termination of the lease itself, which must be pursued through the corresponding civil declaratory claim. 

If you would like to know more about this, or find yourself in this situation, do not hesitate to contact us so we can provide you with personalised advice.