This statement, though not based on a formal study, reflects the concern of Recoder, a housing law specialist, who presented the Guía de la inquilina en peligro (Guide for the Tenant in Danger) at Espai Línia. This tool, promoted by the FAVB, aims to provide tenants with key information, an initiative particularly relevant in the context of Barcelona.
Recoder pointed out that tenants face legal practices that, while lawful, carry many risks. Among these, he mentioned solvency studies requiring private documentation, motivation letters, or references from previous landlords. Furthermore, in Barcelona, landlords can claim retroactive IPC increases or unforeseen expenses, or even demand that tenants repaint the apartment to repair damages. This situation is exacerbated by the conservative stance of the Provincial Court of Barcelona on these matters.
“"Although the 1994 lease law already resolved the problem of shared flats, the Court considers that room rentals do not affect the right to housing and does not apply the law to them."
A central problem is the mismatch between approved regulations and their enforcement. Recoder insisted that, although regulation is moving in the right direction, the lack of inspections and insufficient emphasis on compliance create an "excess of regulation" that requires significant legal specialization to address each case. The Guía de la inquilina en peligro, inspired by a similar tool from the Comissió de l’Habitatge de la Barceloneta in 2018, has been expanded with contributions from Oasiurbà lawyers and the collaboration of entities such as La Traginera, Colectic, and Acció Raval.
The guide's presentation was designed as a practical workshop where attendees solved real problems using the tool. Cases discussed included the need to ensure data protection in solvency studies and the concept of tacit renewal, which allows contracts to be extended under certain circumstances. The importance of documenting apartment damages and communicating them to the landlord was also highlighted, reminding tenants that they are only responsible for minor repairs up to a limit of approximately 300 euros, according to jurisprudence.




