Why is it a crime to coerce a non-paying tenant to leave?

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The landlord may be the owner of the property, but he is not the possessor, and the person who is occupying the house at that moment is the tenant, whose possession is protected by law. Any act aimed at harassing the tenant and forcing him to leave the home, using violence (on people or things) is considered a crime of coercion , and can end with a custodial sentence . There are other mechanisms to enforce one's right and evict a tenant who fails to comply with his or her obligations. To solve these cases, civil legislation makes eviction action available to the landlord , through which the owner can request the recognition of his rights and the eviction of the property, even by force. Is coercion committed by the landlord the same as real estate harassment? The crime of coercion is not the only one that the landlord can incur if he decides to harass the tenant with acts of violence. The Penal Code also contemplates the crime of real estate harassment in article .

Whose protected legal asset is moral integrity , although in a highly debated manner. The penalty provided for this crime is imprisonment of 6 months to 2 years, therefore a lesser penalty than that which corresponds to the crime of coercion with aggravated property harassment. The difference is that, to understand that we are dealing with a crime of coercion, there must be use of violence , while, for the crime of real estate DM Databases harassment, the behavior that is punished consists of repeatedly carrying out hostile or humiliating acts. that, without amounting to degrading treatment, have the objective of preventing the legitimate enjoyment of housing. In both cases, it is about protecting the legitimate enjoyment of the home , although in this second the crime has been framed within those that protect moral integrity, but the main difference between both punishable behaviors is in the intensity or seriousness of the acts. carried out in order to prevent the other person from living peacefully in the property.



Conclusion It does not matter that the landlord thinks that his property rights are protected: in no case can he carry out acts that violate the enjoyment of the home by his tenant , since he may incur a crime of aggravated coercion, or, if his conduct It consists of continued harassment, a crime of real estate harassment. A conviction will imply a criminal record for the prisoner, with all the inconveniences that entail. To defend the rights of the landlord, the law provides for eviction action , which is carried out by civil means, and which, if lack of compliance on the part of the tenant is proven, will end with his or her expulsion from the home. If you are being investigated for a crime of coercion or harassment, or have been a victim of the same, contact Dexia Abogados , a Firm specialized in Criminal Law, to advise you on your defense.