In Spain, the regulations concerning tenants and nuisance are mainly established in the Spanish Civil Code (Código Civil) and the Urban Lease Law (Ley de Arrendamientos Urbanos, LAU). Here is an overview of the relevant aspects:

Legal Basis

• Civil Code: Article 1554 and following deals with the obligations of tenants and landlords. Tenants are obliged to use the property as agreed and not to cause any nuisance.
• Rental Agreement Act (LAU): This law regulates the rights and obligations of tenants and landlords in municipal rental agreements. Nuisance or disruptive behavior can be considered a violation of the rental agreement.

What is considered 'nuisance behavior'?

Disruptive behavior can take various forms, such as:

• Excessive noise (e.g. loud music or parties)
• Unsanitary conditions (e.g. failure to keep common areas clean)
• Threatening or violent behavior towards neighbors
• Illegal activities (e.g. drug trafficking)

In most Spanish municipalities, the concept of 'excessive noise' is governed by local regulations that establish the permitted noise limits depending on time and location.

Process of Expulsion

• Documentation: The landlord must first collect documentation of the nuisance, such as testimonials from neighbors or photographs.
• Notification: The landlord must formally notify the tenant of the nuisance and give them the opportunity to correct their behavior. This is usually done by registered mail.
• Lawsuit: If the tenant does not show improvement, the landlord can file a lawsuit in court. This is often a civil procedure.
• Judgment: If the court finds that the tenant has been guilty of nuisance, he or she may be ordered to be evicted.
• Eviction: After a lawsuit and a favorable verdict for the landlord, the eviction can be carried out by the competent authorities.

Important to know

• It is essential for landlords to follow the correct legal procedures as wrongful evictions can lead to legal complications.
• Tenants also have rights and can defend themselves against accusations of nuisance. It is advisable to seek legal advice in such cases.

This is a general summary and it is always advisable to seek specific legal advice from a local lawyer or legal expert in Spain if you are dealing with such an issue.