In Barcelona, an old tenant advanced with an action against the landlord after claiming that anxiety and stress caused by moisture, infiltration and cockroaches will have led to an abortion, leading the case to court with an indemnity claim for over 10,000 euros. The action also included references to electrical problems and requests correlated with the lease.
Court decision
The Provincial Court of Barcelona confirmed the decision of the first instance and rejected the claim for compensation. The instance of appeal considered the moral damage invoked or the non -compliance of the owner, concluding that there was no causal link between the conditions of the house and the alleged abortion.
The decision, dated 16 July 2025, gave without effect the appeal filed by the tenant. The Court confirmed that the elements contained in the case did not support the civil liability of the owners.
ALLEGATIONS AND CHORNOLOGY
The tenant maintained that the lack of maintenance of the property, with humidity, leaks, cockroach infestations and electric failures, caused anxiety and stress, culminating in abortion. Complained 12,932.50 euros for moral damages, as well as additional requests related to the contractual relationship, reveals the Spanish online newspaper News Labor.
According to the case file, the lease was assumed in November 2019, and the property lasted until September 2021. On that date, there was eviction for non -payment of income, after several incidents reported during the term of the contract.
Property Interventions
The decision stressed that the owners conducted several interventions in the property. Among them, the replacement of the bathtub, inspections to the electrical installation and corrections of water leaks.
The court also noted that part of the deficiencies was attributable to the community of owners or the upper fraction. Thus, it was not shown that the defects were exclusively the responsibility of the landlord, the same source says.
Legal framework
The collective recalled that Article 21 of the Urban Rental Law imposes the owner the duty to keep the house under conditions of habitability. However, pursuant to article 217 of the Code of Civil Procedure, it was the responsibility of the plaintiff to prove non -compliance and alleged damages.
The case law, namely the judgment of the Supreme Court number 366/2010, clarifies that not all contractual breach by itself generates compensable moral damages. It will only be compensated when it demonstrates severe psychological suffering resulting from unjustified breach.
The court concluded that the landlord did not incur and that no causal link was proved with abortion. There were no medical or psychological reports together that established the direct connection between the state of the property and the event invoked, explains the.
The decision also points out that the material damage requested, including expenses with electricity, water or veterinarian, nor the alleged fraud by the owners. Among the weighted elements, it is also reported that the tenant itself even requested the extension of the contract, which contradicted the thesis of unsustainability of the housing.
Consequences and Appeal Roads
On these grounds, the Provincial Court confirmed the sentence of the Court of First Instance number 9 of Barcelona, which had already rejected the indemnity claim. The absence of civil liability of the owners for moral damages is maintained. The resolution is not definitive. According to the decision, appeal may also be filed for the Supreme Court or to the Superior Court of Justice of Catalonia, under the terms legally provided.
The case reinforces the requirement of proof regarding contractual default and the existence of effective damage. Within these actions, the demonstration of the causal link is decisive for any liability.
What if it were in Portugal?
In Portugal, the urban lease regime imposes on the landlord the duty to ensure habitability conditions and to make the necessary repairs for the property to be used for the contracted end. Given problems such as persistent moisture, infiltration, pests or electrical failures, the lessee must complain in writing and may require the execution of the works, request the reduction of income as long as the defect subsists or, ultimately, resolves the contract.
Regarding requests for compensation for non-heritage damages, the general rule of civil liability applies: it is necessary to prove the damage, the unlawfulness, the guilt and the causal link between the landlord’s behavior and the damage invoked.
In disputes that connect poor housing conditions to consequences in health, the Portuguese courts tend to require consistent medical expert evidence. In the absence of this evidence, it is often refused requests for compensation for moral damages, even if pretensions such as reducing income, reparations or contract resolution may be accepted.
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