Non-payment of rent can manifest in various ways, not solely the rent itself. For instance, tenants may also be responsible for paying utilities or community fees. So, what happens in these situations? Can I evict the tenant if they fail to pay their utilities or community fees? This article explores the legal framework surrounding these issues.
Firstly, it is essential to clarify the circumstances under which a tenant may be obliged to pay community fees or utilities. The answer is straightforward: this obligation arises in rental contracts where such terms have been explicitly agreed upon, as stipulated in Article 20 of the Spanish Law on Urban Leases (LAU).
Typically, the landlord is responsible for community fees while the tenant pays for utilities; however, any combination of these responsibilities can be established in the rental agreement. But what occurs if the tenant stops making these payments?
Can I evict the tenant if they fail to pay the community fees?
Yes, the landlord has the right to terminate the contract and evict the tenant if a clause agreed upon in the contract is breached, specifically regarding the tenant’s obligation to pay community fees.
Article 27 of the Urban Leasing Law: “Failure by either party to comply with the obligations arising from the contract will entitle the party that has fulfilled its obligations to demand compliance or to initiate the termination of the contract [...]”.
However, the situation becomes more complex because even if the tenant has stopped paying the community fees, the landlord is still obliged to ensure these fees are paid. Article 9 of the Horizontal Property Law states, “Each owner is required to contribute, in accordance with the participation quota established in the title or as specifically outlined, to the general expenses for the proper maintenance of the property, its services, charges and responsibilities that cannot be individually allocated.”
Therefore, even if the tenant fails to pay the utilities and is subsequently evicted, the property owner remains liable for the outstanding payments. The homeowners’ association can, in fact, pursue the debt and take legal action against the landlord.
In such situations, the landlord should settle the amounts owed by the tenant and then seek reimbursement from the tenant through appropriate means.
In these cases, the landlord should pay the amounts owed by the tenant and then demand payment from the tenant in whatever manner deemed appropriate.
What if they don't pay the utilities?
If the tenant is the account holder for the utility bills, they are directly liable for any non-payments and will face the consequences, such as having their electricity cut off.
However, if the landlord is the account holder, meaning they pay the utility companies directly, the tenant is obliged to reimburse the landlord for these bills. Should the tenant fail to do so, the landlord can initiate an eviction notice for non-payment of utilities.
This process is similar to that of non-payment of rent. Instead of claiming rent arrears, the landlord seeks payment for the outstanding utility bills. In many cases, non-payment of utilities coincides with non-payment of rent, making it common for the claim to encompass both aspects.
