Darío was fined for renting out his flat when he went on vacation

Documented case · Barcelona · 2017–2018

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The case

Between 2017 and 2018, Darío rented out the flat he shared with his partner during periods when they were both away. An occasional, one-off use of his primary residence. When the fine arrived, what he himself described as his "worst nightmare" began. The City Council treated him exactly the same as a professional tourism operator.

Strategy and outcome

Case appealed with ACABA Dylan Tarín's defense argued that occasionally renting out a primary residence does not constitute a sanctionable tourism activity under the Catalan Tourism Law when there is no regular profit motive or change of residence.

Case file details

Initial sanction

€60,001

Result

Appeal filed

Type of rental

Occasional, vacations

What this case shows

Every sanction case must be assessed on its own facts, evidence, procedure and the regulations in force at the time. Past case outcomes do not guarantee the outcome of future proceedings.

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