Can landlord evict you in Spain for airbnb without warning? And keep security deposit?

[Beth385]

Hi there, 

We just got caught for airbnbing our apartment for a few weekends in Madrid, Spain. Our lease was signed February 1, 2019. Our landlord emailed us and said we are evicted and need to leave within 3 days, and is also keeping our 2 month security deposit. (We have another two months on the lease.)She also blatantly told us that she went into our apartment yesterday without our permission. Is all of this legal? What protections do we have as tenants? What should we do?

Thanks so much, this has been pretty traumatizing. 

-B

[Helen3]

Yes you can be evicted for breaking the terms of your lease @Beth385  by illegally sub-letting it on STR platforms (or any other platform for that matter.

What does it say in the terms of your lease regarding landlord access?

It sounds like you need to see a Spanish solicitor with expertise in property law and ask for their advice. You won't be able to get legal advice that will stand up in court on an Airbnb community group.

[Sarah977]

@Beth385   I'm sure it was pretty traumatizing for the landlord to find out you were illegally subletting her place on Airbnb as, well. You say you got "caught", so you obviously knew you were doing something that wouldn't be approved of. I have little sympathy for those who do this. Trying to make a profit off someone else's investment without their permission is totally disrespectful.

[Ana1136]

@Beth385 as the other hosts said, it is very disrespectful to sublet an apartment knowing that you are not allowed to and still expecting nothing to happen. Of course he can evict you if you broke the terms of your lease. What were you expecting when you did that? Of course someone will let the host know or he will find out in some way. He can not only evict you, but he can file charges depending on the terms of your contract.