The magistrates consider through their sentence that it should be understood that the rental of rooms is a situation that can be similar to that of a traditional rental, so it should be allowed based on the statutes of this Community of Properties
This is the resolution of the Provincial Court of Madrid, Section 25, Judgment 238/2021 of June 16, 2021, Rec. 703/2020, in which the claim of the neighbors against a company that rented rooms of their local. The court understands that it is an assumption that the status of the building contemplates when assimilating it to a use of permanent habitability. It is a space that rented a series of rooms that shared a bathroom and kitchen. The judge of first instance agreed with the Community, but the Provincial Court understands that there is no room for contradictions with the rules of the estate. The lawyers, after studying the statutes of the Community, and the horizontal property law, decided to file an appeal, which was successful.
According to the latter, the crux of the matter was the destination of said rents. As it is a permanent habitability solution, or what is the same, the tenants will live permanently in their respective homes, we are facing a legal solution.
It is understood that the spirit of the prohibition of the community statutes sought to avoid illegal and unhealthy activities, which involved the use of a few hours of the rooms, which is not the case at hand.
It is not usual to have this type of resolutions in which a sentence forces a community of neighbors to accept the rent for rooms in one of the houses, but it is important that legislation is passed in this regard to clarify the gaps in the law.