In Barcelona and Madrid, high rental prices have led many people to sublet apartments and rent rooms to people with whom they then share their home. This is a good idea but it can also cause problems.
One of the most frequent problems that we find in the case of conflicts between roommates are problems of coexistence. In many cases, a roommate is very noisy or is not clean and leaves garbage in common areas. These situations often get worse and end up causing verbal or physical fights.
In fact, in recent years we have detected an increase in the cases in which clients come to the office to report their roommates for assaults or because they have been reported by their roommates for assaults. Depending on the circumstances, it may be a minor crime that generally carries a fine or it could be a crime with a prison sentence. In either case, if the fellow aggressor is found guilty, he would end up having a criminal record. A criminal record can bring serious problems, such as not being able to renew or obtain a residence permit.
Generally, in Barcelona, many clients are foreigners and it is the problems encountered to renew or obtain residence permits that concern them more than the criminal conviction itself.
Other less frequent problems are those derived from an economic situation. A person may not be able to pay for a room, but they also do not want to leave the room, which generates a conflict and often leads to going to court to evict the tenant who does not pay.
Also, the sublessor often does not have the landlord’s permission to rent rooms and when the landlord discovers this, he or she decides to terminate the main contract. To find out if the sublessor / tenant can sublet the home, it is important to ask the sublessor to show you the lease. This will also allow you to verify the expiration date of the contract.
It is important to verify ownership by means of a contract of sale or better yet, using a simple note from the registry. Verifying the legitimate owner will help avoid fraud. In Barcelona, we have seen several cases of people occupying homes and then subletting them completely or by rooms without having any rights. The worst thing is that the tenants are then reported to the police for occupation.
Other less common problems include instances like theft, robberies, etc. But in any case, our attorneys can help you with your living situation problems, whatever they may be.