What is the offence of damage to rented accommodation?

Today we are going to explain the important details of the crime of damage to the rented property or furniture when the property is rented furnished.

The Penal Code punishes those conducts in which the subject causes damage to other people's property, establishing a higher sentence when the damage is more important.

- Article 263 of the Penal Code establishes that in these cases the subject will be sentenced to a fine of 6 to 24 months, provided that the value of the damage exceeds 400 euros.

- If the damage does not exceed 400 euros, he/she will be sentenced to a FINE of 1 to 3 months for a minor offence of damage.

Is all damage that appears in the home or furniture considered a crime?

The answer is emphatically no.

The mere fact that at the end of the tenancy there is damage to the dwelling or furnishings does not mean that such conduct is considered a criminal offence.

In order for such damage to have a criminal consequence, i.e. for it to be a criminal offence to damage the rented property, the damage must have been caused intentionally or maliciously.

Damage caused by gross negligence can also be punishable as a criminal offence if its value exceeds 80,000 euros.

In other words, if the damage has been caused by wear and tear or if there has been no intention to cause such damage, we are not talking about a crime but a civil matter that can be resolved by means of a legal claim in the civil courts without the jurisdiction of the criminal courts.

It is normal that the procedures for claiming damages at the end of the lease are processed in civil proceedings, and depending on the amount claimed, they will follow the procedures of the verbal trial (less than 15,000 euros), or the ordinary trial (when it exceeds 15,000 euros).

In which territorial court do you have to claim the damages to the rented property?

The competent court in civil proceedings to hear the claim will be the court of the place where the property in which the damage occurred is located. Case law interprets article 52.1 of the LEC as being applicable in these cases.

How must the damage to the home or furniture be justified?

Damage to the home must be justified by the homeowner.

Hence the importance that when the lease is terminated or possession is taken by the court after an eviction procedure, the condition of the property is quickly assessed by an expert and the damages present are evaluated.

Warnings for the landlord and the tenant:

1. That before signing the rental contract, the dwelling and furnishings should be checked in detail, with the aim of detecting any irregularities and highlighting them in the contract or in an annex to the contract.

2. Make a photographic or video report of the condition of the dwelling and furnishings when the lease is to be concluded.

3. If the property is rented furnished, it is necessary to make as exhaustive an inventory as possible.

If you would like us to draw up a rental contract for you to avoid unpleasant surprises at a later date, please contact us.