San Sebastián court evicts two tenants who stopped paying rent due to cockroach infestation

The ruling finds it proven that the tenants stopped paying rent from January 2024. Although the landlord initially claimed compensation of over 25,000 euros, the judge has reduced the amount after concluding that some of the rent increases linked to the CPI were not enforceable because they were never communicated in writing.

During the proceedings, the tenants opposed the eviction, arguing that the property was unfit for habitation due to a cockroach infestation and that they had had to replace a fridge and repair a washing machine.

For them, these circumstances justified their right not to pay the rent and entitled them to a partial reduction.

The judge, however, has rejected these arguments. The court ruling states that it has not been proven that the property was unfit for habitation or that there was a persistent pest infestation preventing its use.

The ruling highlights that the only document confirms that a pest control service had already been carried out and completed and that there is no record of the tenants requesting the landlord to resolve an ongoing problem.

"There is no evidence of a breach by the landlord that is substantial enough to justify the non-payment. The alleged cockroach infestation appears to have been substantiated, where applicable, as an occasional and isolated occurrence, with no record of the tenant having notified the landlord to resolve the issue, nor has the landlord's failure to fulfil his obligations been proven," the ruling states.

The San Sebastián court also points out that the mere existence of domestic issues or minor repairs does not justify a unilateral suspension of rent payments, unless there is a serious breach by the landlord that deprives the tenant of the effective use of the property.

The ruling dismisses the reimbursement of 148 euros for the purchase of a second-hand fridge, as the tenants were not able to prove that the original appliance was faulty, that they had requested that the landlord replace it or that the new appliance was in fact intended for use in the rented property.

The has finally set the compensation at 24,368 euros, comprising seven monthly instalments of 800 euros between January and July 2024 and a further 23 monthly instalments of 816 euros from August of that year until June 2026.

Furthermore, the judge has ordered the tenants to continue paying the rent until they vacate the property. Should this not occur at the tenants' initiative, eviction will be carried out in accordance with a court order set for 11 November 2026.

The ruling is not yet final and may be appealed to the provincial court of Guipúzcoa. However, the law stipulates that, for the appeal to be admissible, the tenants must first provide proof of payment of all rent due and of any rent that remains payable while the appeal is being heard.

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