Real Estate Harassment of Tenants in Spain: When It Is a Crime (2026)

Real estate harassment consists of hounding a person to force them to leave their home. The Criminal Code treats it as an aggravated form of the offence of coercion. As criminal lawyers, we explain when it is a crime.

What Real Estate Harassment Is

Real estate harassment brings together the conduct by which a landlord, developer or third party seeks to pressure a tenant or a vulnerable owner to leave their home, usually with an economic or speculative interest.

Typical Conduct

• Unjustified cut-offs of the water, electricity or gas supply.
• Disruptive, prolonged building works, noise or dirt caused deliberately.
• Threats, repeated pressure or coercion to sign the departure.
• Systematic refusal to carry out repairs that make the home uninhabitable.

How It Is Classified

Article 172.1 of the Criminal Code aggravates the penalty for coercion where it aims to prevent the lawful enjoyment of the home. The penalty is imposed in its upper half. Depending on the specific conduct, offences of threats, criminal damage or against moral integrity may also concur.

How to Act if You Are a Victim

Document each incident (supply cut-offs, communications, photographs, reports), keep the witnesses and file a complaint. The victim may join the proceedings as a private prosecutor to drive the investigation and claim repair of the harm.