Two tenants of a residential building in San Sebastián, located in the Basque Country, Spain, stopped paying rent two years ago. They justified this by claiming that the property had habitability issues due to cockroach infestation. As a result, they were ordered to pay the owner over 24 thousand euros, in addition to all overdue payments.
The court of first instance in San Sebastián ruled to evict both tenants due to non-payment and ordered them to pay the owner a fine, as well as all outstanding rent payments. This decision was made on June 23rd and established that the tenants ceased payment in January 2024.
Although the owner initially demanded a debt exceeding 25 thousand euros, the judge reduced this amount after it was found that some increases based on the Consumer Price Index could not be applied because they were never notified in writing, which is required by both the contract and Spanish law.
During the proceedings, the residents argued that the infestation forced them to replace their refrigerator and washing machine, so they believed these circumstances exempted them from paying rent, according to the publication Diario Sur'. However, the judge rejected these arguments. The court ruling states that it was not proven that the property was uninhabitable or that there was a constant infestation preventing its normal use.
Furthermore, the decision emphasizes that the mere occurrence of domestic incidents or minor repairs does not grant the right to unilaterally suspend rent payments unless there is a serious breach by the landlord that deprives the tenant of actual use of the property, which was not the case here.
The judge stated: 'There is no evidence of a breach of contract by the landlord sufficient to justify non-payment. The alleged cockroach infestation, if it occurred at all, happened only occasionally and in isolated cases, without any record of the landlord being notified to resolve the issue or any evidence of the landlord's inaction in fulfilling their obligations.'
Eviction Scheduled for November 11
The judge also ruled that the tenants must continue to pay the rent accruing until the actual handover of the property. If the handover does not occur at the tenants' request, it will be carried out through judicial eviction scheduled for November 11th of this year. The decision is not yet final and can be appealed to the Provincial Court of Gipuzkoa. Nevertheless, the law requires that for an appeal to be accepted, the tenants must prove payment of all overdue rent payments.



