The clandestine tourist rentals
Illegal tourist property rental
Illegal tourist rentals can have serious consequences for landlords and tenants. Legal tourist property rentals must comply a main requirement, which is to be registered under tourist license issued by the tourism delegation of the Autonomous Community where it is located. This obligation to obtain a tourist license is precisely the document that determines whether a tourist rental home is legal or illegal.
Renting an apartment without a tourist license can generate a penalty for the owner, which can range between 3,000 and 100,000 euros, depending on the autonomous community and the severity of the neglect. In addition, regulatory authorities can order the suspension of the activity until the situation can be regularized and in more extreme cases, the property can be permanently closed as a preventive measure.
According to estimate data by the Ministry of Social Rights and Consumption, 90% of holiday homes in Spain operate illegally, what has forced the government to develop a frontal fight to pursue the advertising of tourist homes without license. Added to this, a new tool to combat the offer of illegal tourist property rentals on platforms such as Airbnb or Booking, this is EU Regulation 2022/2065 Relating to the single market for digital services, a new European regulation that allows the elimination of advertisements from illegal homes without the need of a court ruling.
The most advisable thing is that user previously check if the tourist apartment that has been rented has a registration number in the corresponding regional registry, in case any inconvenience should arise during the stay, and to have guarantees before the law. Some of the organizations that regulate housing for tourist have set up a directory with the legal tourist housing in their territory.
Main risks for users of illegal tourist property rentals
One of the main risks for the user derives from the possible damage that can happens in the tourist rental property, such as those generated by a rise and fall of electrical voltage, fire or a flood. Therefore, it is necessary that the landlord has contracted civil liability insurance that protects the owner from possible claims, and the user from possible damages.
The second risk for users who hiring the services of an illegal tourist property rental, is the abuse that they can suffer in terms of bails, deposits, refunds for not enjoyed days, breakdowns and all types of damages that they may suffer, something that despite making it feasible to open sanctioning procedures for violation of tourism regulations, do not constitute a way to obtain economic compensation, making it necessary start civil or criminal procedures.
If you are affected by illegal tourist property rentals, contact the best criminal and civil lawyers in Marbella as soon as possible to assist you in defense of your rights.
Telephone: +34 951 052 811
Whatsapp: +34 643 89 04 96
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