Rental help please - Landlady harassment

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09 Jul 2016 17:04 by Finisterre Star rating. 26 posts Send private message

Dear all

I am asking for advice on Spanish rental law on behalf of someone close to me living in Ibiza. She has been there over ten years and her children were born and are settled there, as is her work. Unfortunately, she has never been able to afford to buy there and prices have been rising steeply in the last few years, so she has very few options in terms of alternative places to live. I would be grateful if people could avoid judgment on her situation; it's not ideal, hence the need to ask for advice.

She is currently subletting a room in a two-bedroom place from her housemate. Unfortunately, since they agreed to live together, the housemate has been bringing other people in - a family of six living in a caravan in the garden, successive single men in the tool shed(!). My friend raised the issue and was met with shouting, requests to leave and the housemate's ex-boyfriend coming round and shouting at her as well.

Now the situation has worsened, so that every time she comes home from work the housemate starts to harass her, telling her to pack her bags right then and leave, talking over her and shouting at her, and refusing to leave her alone. Moving is not an option until the winter at the earliest, when the summer letting prices decrease. My friend works long hours and she and her children are finding this terribly stressful. I have advised her to openly make a video of the harassment for evidence, but I am not clear on Spanish law with regard to harassment and what in England would be called the 'covenant of quiet enjoyment' - that is, the tenant's right to peaceful and unimpeded use of the property.

Assuming the harassment continues and is recorded, can my friend issue a 'denuncia', and if so, on what grounds? What is the law regarding a tenant's right to peacefully use the property? Is the situation affected by the fact that the housemate is also renting and the house is her main residence?

Any advice would be welcome, especially from people with relevant legal knowledge. Please be aware that she is not currently in a position to simply leave, especially as her work is seasonal and involves crazy hours during the summer.

Thanks in advance.

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10 Jul 2016 19:38 by windtalker Star rating. 1730 posts Send private message

Your friend should seriously consider going back to her country of orig ,what i am trying to say is bringing your children up in a hoval is hardly living the dream.

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