Criminal Lawyers in Real Estate Harassment

The real-estate harassment (also called blockbusting or real-estate mobbing) has had its own offence since Organic Law 5/2010: Art. 173.1 CP, fourth paragraph, punishes repeated hostile or humiliating acts aimed at preventing the lawful enjoyment of a home. Depending on the specific conduct, it concurs with or gives way to other offences: coercion (Art. 172 CP), conditional threats (Arts. 169-171 CP), harassment or stalking (Art. 172 ter CP), trespass (Art. 202 CP) and, frequently, degrading treatment (Art. 173.1 CP, first paragraph) where the conduct seriously undermines moral integrity. Real-estate harassment does not require the acts to amount to degrading treatment: it is enough that they are hostile or humiliating, repeated and aimed at preventing the lawful enjoyment of the home.

Typical Forms

The typical modalities cover an extensive catalogue. We find deliberate cutting of basic utilities (electricity, water, gas, lift) to render the dwelling uninhabitable; unnecessary and prolonged works aimed at disturbing rest or causing damage; systematic refusal to repair serious breakdowns affecting habitability; changing locks in the tenant's absence, which may also constitute trespass; repeated psychological pressure through unannounced visits, untimely calls and intimidating messages; threats of false complaints or evictions without legal basis; repeated and coercive offers of financial compensation to force contract termination; and, in more sophisticated cases, strategies designed by vulture funds after acquiring entire buildings with tenants protected by old-rent contracts.

Penalties by Classification

The penalties depend on the specific qualification of each conduct. Coercion under Art. 172 CP carries prison from 6 months to 3 years or fine, aggravated in its upper half when aimed at preventing the legitimate exercise of the right to housing. Harassment under Art. 172 ter CP is sanctioned with prison from 3 months to 2 years or fine from 6 to 24 months. Trespass with violence or intimidation may reach 4 years' prison. Real-estate harassment under Art. 173.1 CP, fourth paragraph (repeated hostile or humiliating acts aimed at preventing the lawful enjoyment of the home), and degrading treatment under the same article carry prison from 6 months to 2 years. To custodial penalties the usual accessories are added: restraining and communication prohibition orders, fines in concurrence, and substantial civil compensation for moral damage, patrimonial damage (forced moving expenses, additional rental costs) and, where applicable, damage to mental health.

Defence and Private Prosecution

The technical defence and private prosecution strategy are built on several lines. When representing the harassed tenant or owner, we articulate comprehensive expert documentation via video and audio recordings, registered letters, technical reports on unanswered breakdowns, municipal reports on unjustified utility cuts, neighbour testimony and forensic psychological expertise certifying the psycho-emotional impact. We request as urgent precautionary measures the restoration of utilities, the restraining order against the harasser, the prohibition of hostile works and the appointment of a judicial administrator when a company is involved. When defending the owner or manager, we articulate the absence of coercive intent: legitimate exercise of property rights, technical need for works, lawful claim of unpaid rents or conservative measures protected by the Urban Lease Act.

Current Forensic Practice

In current forensic practice we observe a strong increase in real-estate harassment proceedings, especially in large cities under rental-market tension and operations of massive acquisition of residential portfolios by investment funds. Act 12/2023 on the Right to Housing and the regional and municipal tenant-protection by-laws have expanded the protective framework. Organic Law 1/2025 on the efficiency of the Public Justice Service is a procedural and organisational statute: it does not amend the Criminal Code or its penalties. At Alonso Sala, we approach each file as a multidisciplinary criminal-civil-administrative crisis: we coordinate criminal complaint, civil damages claim and communications to the municipal housing office. When representing the accused, we neutralise excessive qualifications and channel conducts back to ordinary civil dispute when legally appropriate, avoiding criminal overreach and the registration of records with serious professional and personal consequences.