‘Psychological torture’: Spanish tenants fight back against housing ‘harassment’
When the Madrid building where Jaime Oteyza had lived since 2012 was sold to an investment fund two years ago, a local tenants’ union swiftly warned him what to expect. First the tenants would be told that none of their rental contracts – regardless of their expiry date – would be renewed, the union said. Then, as the 50 or so families in the building grappled with what to do next, a series of construction projects would probably be launched in the building to ramp up pressure on them to leave. “One by one, all of the situations that the union described began to happen,” said Oteyza. “Construction work was the weapon they used to make our lives impossible; power cuts, leaks, noise, drilling through walls, ceilings collapsing on top of gas stoves.” It’s a pattern that housing campaigners say is playing out across much of urban Spain, as investors seek to cash in on the country’s roaring housing market. The aim is simple: to force out long-term tenants as quickly as possible to make way for more profitable tourist, short-term or luxury lets. It’s come to be known across Spain as acoso inmobiliario, roughly translating as real estate harassment. The phrase refers to the myriad ways in which long-term tenants are subjected to worsening conditions so that they end their contracts on their own accord. But within the walls of one nondescript building in the madrileño neighbourhood of Lavapiés, tenants may have found a way to fight back. Last year, a dozen tenants, including Oteyza, turned to the country’s courts, alleging that the construction work was a bid to coerce them into ending their leases prematurely. Late last year, a court in Madrid agreed to hear the case, launching what housing campaigners say is the country’s first preliminary investigation into real estate harassment. For residents of the building, the groundbreaking case has added another layer of complexity to their long-running battle. “It’s bittersweet,” said Cristina Gómez, who has lived in the building since 2020. The court’s decision was “nice, as it confirmed we’re not just imagining things,” she said. “But at the same time, this is the result of a lot of suffering. It’s a shit situation for everyone.” The construction work began in November 2024. As the work led to flooding in some apartments and turned parts of the building into no-go zones, residents saw a clear attempt by the new owners to bypass the costlier, more time-consuming process of going through courts to evict them individually. The tenants said they tried to negotiate with the new owners – at one point even offering to buy the building for the same amount that the investment fund had paid for it – as the company offered some tenants a few thousand euros to help with the move. “They were very tough, very long conversations, at no point did they accept anything other than us leaving the building,” said Gómez. Noise levels in the building skyrocketed, as drills and jackhammers rang out and rubble was felled, said Oteyza. For those at home during the day, it was a form of “psychological torture”, he said. “It’s really difficult to live with noise, eight hours a day, day in and day out.” The father of two young children, Oteyza also worried constantly for their safety. “There’s a real fear that there will be an accident,” he said. “There might be a power tool plugged in on the landing. Or they’ve left a hole in the courtyard. These are risky situations.” As one tenant, who asked to be named only as Nani, put it: “We’re resisting and we’ll continue to resist, but it’s really difficult,” she said. “But we have to do it – it can’t be that those who have money can come and buy and sell buildings without caring about the lives of the people inside.” On at least five occasions, police and firefighters were called to the building as tenants wrestled with the fallout of the construction work. About 15 months after it began, residents say that about half of the tenants in the building have opted to leave. It’s a hint of the kinds of situations that are playing out across Spain, said Alejandra Jacinto, a lawyer with the tenants’ union who helped draft the pioneering legal challenge. “From sending in eviction companies to carrying out construction works that cause damage, to putting glue in people’s locks, real estate harassment is a tool that is increasingly being used,” she said. Both the legal challenge and the court’s decision to launch a preliminary investigation were trailblazing steps pushing back against this trend, she said. “I think it’s already sending a message that there’s no impunity and that not everything goes. You can’t act outside the law to achieve your goals.” The court battle had made headlines across the country, she said, offering a glimmer of hope as many in Spain reel from the soaring cost of housing. In January, campaigners in Barcelona announced that a local court had become the second to admit a case alleging real estate harassment. The case argues that the new owners of a five-floor building had left tenants without a working lift for more than a month, stranding elderly tenants and those with mobility issues, including one person who uses a wheelchair, in a bid to get them to leave. In Madrid, weeks after news broke of the court’s investigation, the tenants said it had already had an impact. “Curiously enough, we noticed that when the case made headlines, they continued working but in a more orderly, more systematic way and respecting the noise levels,” said Oteyza. In a statement to the Guardian, a legal representative for the building’s owner said the construction work was aimed at improving accessibility, reinforcing the building’s structure and renovating the roof, noting: “all of which are essential measures to ensure the safety and habitability of the property”. The company had all of the necessary permits to carry out the work, it said. The spokesperson said agreements had been reached with more than 30 tenants in the building, in a show of their “commitment to dialogue and the search for mutually agreed upon solutions”. It added: “Aware of the inconvenience that this type of work can cause, and in order to minimise the impact on the lives of the residents, the owner has offered alternatives from the outset to the residents directly affected by the work, providing them with options for temporary relocation to other homes and accommodation adapted to their needs.” At the building in Lavapiés, the tenants were bracing themselves for a legal battle that could stretch on for months, if not years. But for Gómez, it was an absolute necessity. “What’s happening to us is something that is happening every day, all the time around us,” she said. “I think we need to show them that we’re willing to enforce the law, that we know our rights and are going to assert them.” In a country where the average rent has doubled in the past decade, it also felt as if it was the only option, she added. “It’s not like I can just go to somewhere nearby or another neighbourhood, it’s impossible,” she said. “So where does one go?”







