A Madrid judge demanded that the Airbnbs, all located in the same city-centre building in the Spanish capital, must close down due to “the illicit and unsanitary activities”
Ten holiday flats have been shut down after a family was tormented by the guests, it has been reported.
A Madrid judge demanded that the Airbnbs, all located in the same city-centre building, must close down due to “the illicit and unsanitary activities” that had taken place there, The Guardian reported.
Vomiting and sex in the communal areas, as well as drunken, destructive, and lewd guest behaviour, had caused one family stress, anxiety, and sleepless nights. This was judged to have inflicted psychological damage on the family, which includes two children, and violated their fundamental right to privacy.
Two years ago, the family hired lawyer Miguel Angel Rubio after their efforts to stop the chaos via the council and the flat owners failed, it was reported.
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The lawyer documented the misery they had to endure, including guests having sex in the communal areas and vomiting in the courtyard of the 60-flat block close to Plaza Mayor. A security guard had to be hired after lift fittings and mailboxes were broken, and multiple police visits were made.
“The family came to me and told me that they’d been to the police who’d come with a decibel meter and had fined the owners €16,000. But the problem is that [the companies that own these flats and others] can make more than €150,000 in rents in a single weekend, so a €16,000 fine is nothing for them. So I had to bring a case on the grounds that the family’s fundamental rights were being violated – and it succeeded,” Mr Rubio said, The Guardian reported.
Around 75% of the flats in the block were holiday lets. “The family have one tourist flat above them, another below them, and more tourist flats near their bedrooms,” the lawyer added.
Madrid’s 44th Court of First Instance ruling—that the flats must stop being used as holiday lets—is a significant one, as the properties were registered legally but their presence was judged to infringe on the family’s rights.
In the ruling, the judge noted “the constant noise, the breaking of shared fixtures, the filling of the lobby with suitcases at all hours, and the presence of shopping trolleys filled with towels,” before the family were awarded €37,000 in damages.
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Mr Rubio claimed they had been the victims of “real estate bullying,” as they’d been offered “ridiculous” amounts by property firms involved in the holiday let business to sell their apartment, 20Minutos reported.
The judge rejected the rental owners’ claims that the family was only experiencing the same kind of day-to-day disruption any neighbour could expect. “The actions were not merely irritating but also unsanitary, indecent, and even illegal,” the judge added.
Last week, Spain introduced a new register for holiday lets, which saw a huge number of properties deemed illegal. Around 20% of the total holiday lets in the country have been removed.