€600 fine for having partner sleep over: abusive clause in room rental contract

An Eixample student was sanctioned by Rent Rooms Barcelona for violating the visitor policy, despite legal doubts.

Detall d'un contracte de lloguer d'habitació amb una mà assenyalant una clàusula específica.

Detall d'un contracte de lloguer d'habitació amb una mà assenyalant una clàusula específica.

The young student Sofía Gallego was fined €600 by the company Rent Rooms Barcelona in Barcelona's Eixample district last October for violating a visitor clause in her room rental contract.

Sofía Gallego, who arrived in Barcelona to study, signed a contract in August to rent a room on Rocafort street, in a building mostly managed by the company Rent Rooms Barcelona. Article eight of the contract stipulated that a guest could only spend a maximum of two nights a month in the apartment, with penalties of 100 euros per person per day for non-compliance.
In October, Gallego received an extra bill for 600 euros for having her partner sleep over a few nights. After consulting the Sindicat de Llogateres (Tenants' Union), the young woman requested a meeting with the company to question the legality of the clause and the use of security cameras to “spy” on tenants.

"As long as no illegal activities are taking place, nobody should care who enters or leaves your room. It is not a hotel room."

Enric Aragonès · Spokesperson for the Tenants' Union
The reaction of Rent Rooms Barcelona was to rescind her contract and demand she leave the apartment within ten days, a deadline that was finally extended to one month. Furthermore, the company retained 250 euros of Gallego's deposit despite her explicit refusal to pay the penalty, considering it illegal.
Legally, Jordi Bonshoms, a law professor at Universitat Pompeu Fabra (UPF), maintains that this clause flagrantly violates the fundamental right to privacy, constituting an abusive practice. The Tenants' Union points out that this case is an example of how room rentals, a “highly unregulated” concept, become a source of total abuse and instability.
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