Can the landlord enter the apartment he is renting to me? 

MeiT Team

October 11, 2022

If we were to take a magic wand and become landlords for a second, we might ask ourselves: if the house is mine, how come I can't get in? What if the tenant is destroying it?

 

Let's analyze in depth

Can the landlord enter the apartment he is renting to me?

The moment a landlord signs a rental contract with the tenant, he automatically assigns its use to an external person and therefore this dwelling becomes his official domicile for all purposes. 

 

 

The law is the law 

On the other hand, there exists before the law the right to inviolability, as stated in Article n.18.2 of the Spanish Constitution. Spanish Constitution:

"The home is inviolable. No entry or search may be made therein without the consent of the owner or judicial resolution, except in case of flagrante delicto."

This right allows the right to privacy to take shape and become a reality.  

 

Summarizing,

The landlord's right to enter the leased premises does not exist. A landlord may NOT enter the landlord's dwelling unless the landlord gives permission or consent to enter.

However, you will surely have encountered many "But what ifs" that we will solve in a moment:

 

What if I know that the tenant has abandoned the property?

Can the landlord enter the apartment he is renting to me? If the tenant has this certainty, he cannot enter the apartment unless he has obtained a judgment of eviction in his favor and has carried it out.

This is usually a waste of time and income in the long run.

 

What if the tenant doesn't pay the rent either? What if the lease expires and he doesn't want to leave either?

The legislative principle is maintained. Only in the event that a judge declares by judgment a contract terminated and the judgment is enforced, the owner will have access to his home.

 

What if I enter the home and change the lock?

A landlord who does this when faced with the situation of non-payment by a defaulter may be charged and denounced for the crime of trespassing.

It will bring you even more trouble than taking other more convoluted measures.

 

We hope we have solved your question: Can the landlord enter the apartment he is renting to me?

If you contract your apartment or room with us, none of these problems will happen. Neither the landlord will want to enter while the tenant is living in the apartment nor the tenants will stop paying. Nothing like that. And do you know why?

Simple. Because at MeiT MeiT we prioritize the well-being of our users by providing them with an individualized service according to their characteristics and requirements.

Choose your favorite floors and leave the rest to us.

No risk, no worries, it's that easy.

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