The so-called silent eviction is an increasingly used concept to describe the departure of a tenant from a home without a judicial eviction procedure.
However, it is not a legal figure recognized by Spanish legislation. The Urban Leasing Law (LAU) regulates when a property owner can legally recover a rented home, but it also protects the tenant against actions that may constitute harassment or coercion.
The silent eviction does not exist as a legal figure
Unlike eviction for non-payment or the judicial procedure for eviction provided for in the legislation, the so-called silent eviction is not included in either the Urban Leasing Law or the Civil Procedure Law.
It is an expression used by social organizations, tenant associations, and some experts to describe those cases in which a person ends up leaving their home without a judicial resolution requiring them to do so.
On many occasions, this departure occurs due to the inability to assume a rent increase, the owner's decision not to renew the contract when its legal duration ends, or due to situations of continued pressure that hinder staying in the property.
Not every departure from a home constitutes an illegal eviction
One of the most common mistakes is to think that any abandonment of a rented home constitutes an illegal action by the owner.
The legislation allows the landlord to recover the home when the contract ends, as long as they respect the notice periods established by the Urban Leasing Law and act in accordance with legal requirements.
They can also recover it for their own need or that of certain relatives, as long as the circumstances provided for by the regulations are met.
In these cases, there is no illegal eviction, even if the tenant has to leave the property.
When the owner's actions may be unlawful
The situation changes when the owner tries to get the tenant to leave the home through actions that exceed what is permitted by law.
Among the practices that may be contrary to the legal order are cutting off the supply of water, electricity, or gas, changing the lock to prevent access to the home, entering the dwelling without authorization, or exercising threats and intimidation with the aim of forcing the tenant to leave.
It may also be unlawful to deliberately refuse to carry out the necessary repairs to keep the dwelling in habitable conditions when that conduct aims to pressure the tenant to leave the property.
These actions can lead to civil and even criminal liabilities, depending on the circumstances of each case.
What is real estate harassment or "real estate mobbing"
The so-called real estate harassment, also known as real estate mobbing, consists of a continued harassment behavior aimed at getting the tenant to leave the home.
There is no single action that defines it, but rather a set of repeated behaviors that seek to make the tenant's stay in the property impossible.
This phenomenon is often associated especially with old contracts or with homes located in areas where rental prices have increased significantly, although each situation must be analyzed individually.
How a tenant can defend themselves
When a tenant believes they are being subjected to illegal pressures, they have different protection mechanisms available.
They can legally claim the cessation of those actions, report possible threats or coercions, and request, when appropriate, compensation for the damages suffered.
In cases where the owner cuts off essential supplies or prevents access to the home, it is also advisable to report the situation to the competent authorities and keep all possible evidence.
Messages, emails, photographs, videos, technical reports, or testimonies from neighbors can be decisive if the conflict ends up in court.
The owner can never evict the tenant on their own
Even if the contract has ended or there is a rental payment default, the owner cannot evict the tenant by their own means.
The only legal way to recover a dwelling when the tenant does not leave voluntarily is to go to court and obtain a judicial resolution that authorizes the eviction.
Changing the lock, preventing access to the property, or cutting off supplies to force the tenant to leave are actions that can have legal consequences for the owner.
The difference between a judicial eviction and a silent eviction
The main difference lies in that the judicial eviction is regulated by law and can only be executed through a resolution issued by a judge.
The so-called silent eviction, on the other hand, is a concept used to describe situations in which the tenant leaves the dwelling without that judicial procedure, whether for economic reasons, due to the expiration of the contract, or, in the most serious cases, as a consequence of pressures or behaviors that could constitute real estate harassment.
Precisely for this reason, specialists recommend always distinguishing between the fully legal assumptions provided by the Urban Leasing Law and those actions that may violate the rights of the tenant and lead to liabilities for the owner.