Illegal rental activity in Ibiza, specifically in the form of unauthorised subletting, has suffered a significant legal setback following a ruling issued by the Third Section of the Provincial Court of the Balearic Islands.
The court has overturned the initial judgment handed down by Ibiza Court of First Instance No. 4, which had ruled in favour of the tenant, and has ordered her to vacate the property after it was proven that locks had been installed on the bedrooms in order to rent them out to third parties without the owner’s consent—one of the main issues affecting the rental housing market in Ibiza.
The legal proceedings began when the property owner filed a claim seeking termination of the lease after detecting serious irregularities in the property, located in Sant Antoni. According to the findings set out in the Provincial Court’s ruling, several unauthorised alterations were discovered during an inspection of the flat in August 2022.
Locks removed, holes and missing furniture
The list of irregularities included the installation of locks and padlocks on bedroom doors to facilitate room-by-room subletting, several holes in the front door and in the false ceiling of the living room, the disappearance of original furniture, and damage to the sofa caused by candle wax.
Although the tenant attempted to distance herself from these actions by placing full responsibility on a former co-tenant who had already vacated the property, the court rejected this argument. The key element in the ruling lies in the doctrine of tacit solidarity. The judges underline that, even if the contract does not expressly state this, when there is a “community of purpose” between tenants, both are jointly liable for breaches of the lease.
For the full article, please visit Diario de Ibiza website here.