Can the tenant be banned from using the pool or terrace?

The summer brings an old conflict of the hand to some communities of owners with pool or common terrace. Can tenants be prohibited from bathing or enjoying the garden? Here is the answer

Although summer has been slow to arrive, the high temperatures have entered with force. The increase of mercury makes resurface, as in years ago, the unknowns and the usual problems of all the summer months. Can the tenant use the pool? Can he enjoy the community services? Can he be vetoed? In order to enjoy the holidays as calmly as possible, we answer all the questions related to this aspect.

Can the tenant use the community pool?
girls in pool

When a tenant comes to live in a rental property, he has had to reach a series of agreements with the owner. In order for the inhabitant of the dwelling to enjoy the community services, such as the pool or the common terrace, the owner has to assign the right to enjoy these services.

For this reason, to know if a tenant can enjoy the pool, it is necessary to resort to the rental contract that has to be prepared under the provisions of the Law of Urban Leases. The Horizontal Property Law states in its third article that each owner owes the right of co-ownership of the different community services that the neighborhood community has. Therefore, in the document that regulates the rental of the house must appear if the owner has given up the use and enjoyment of these, since in some cases the transfer does not occur and the tenant has no right to use different services such as pool or terrace.

And can the owner and the tenant use it at the same time?
communal swimming pool

This question is directly related to the previous point.

Each house that forms a community of neighbors has a percentage of the community services, which means that all the apartments are owners of a certain part of them. In the event that the owner gives up the use and enjoyment of any of them, only the tenant will have the right to make use of them; whereas if it does not yield them the situation is the other way around. Therefore, the two parties can not enjoy the services at the same time.

Can the community veto the entrance?

No. The community of neighbors can not prohibit a tenant from using the different community services. Although the use and enjoyment of the pool must always be conditioned to what is stated in the statutes of the block of neighbors, if the owner of the property has assigned to the person who has rented the home the enjoyment of the common areas, this may use them like the rest of the neighbors that make up the community.

If the tenant has a problem like this, how can he defend himself?
rent apartments law

When renting a home, both the owner and the tenant assume a series of rights and obligations that will have to be respected during the entire time the lease is extended. If in this agreement the owner has assigned, partially or totally, the use of the common services; The tenant is fully entitled to use them.

In case there is a problem with the rest of the inhabitants of the staircase, the tenant may resort to his lease to claim that he has full power to use services such as the pool or common terrace.