The landlord of an apartment in Pamplona has been sentenced to 4 years in prison for changing the key of the lock without the knowledge or permission of the tenant, whom she left on the street with her 8-month-old son and without her belongings.
The Civil and Criminal Chamber of the Superior Court of Justice of Navarra (TSJN) has confirmed the 4-year prison sentence imposed in April by the Provincial Court. The sentence, which can be appealed before the Supreme Court, assumes the facts considered proven at that time, reports the TSJN.
Thus, on March 7, 2019, the defendant signed a lease contract for a home located in the old town of Pamplona, valid from March 10, 2019 to March 31, 2020, and which was extended for two years. .
On March 31, 2021, the defendant informed the tenant of her desire not to renew the contract to renovate the property, to which the landlord responded that she would remain there, paying the rent, until she found a new home for her. and his 8 month old son.
On June 7, without the consent or knowledge of the tenant, who continued to live in the house, he went to the property with a locksmith and changed the lock.
When the woman and her youngest son arrived, they were unable to gain access. They found themselves "on the street and without their belongings" and, thus, according to the sentence, the defendant managed to leave the property empty. In addition, four days later, on June 11, she registered in said flat and removed the tenant and her son from the municipal register.
Added to all this is that, after gaining access to the home, he seized and made all the belongings of the tenant and her son his own. Among other belongings, there was a laptop, a television, a camera, jewelry and baby belongings, as well as household items.
The tenant filed a complaint in the Guard Court on June 8 and requested that her belongings be handed over to her. On the 15th, at the request of a social worker, the accused, in front of two Municipal Police officers, gave her two suitcases with clothes and documents, but not the rest of the belongings with an expert value of more than 400 euros. Some more were delivered to him on July 16, but it is not all of it.
Due to these events, the accused was sentenced to 2 years in prison for a crime of coercion and another 2 years for a crime of aggravated theft. She was also imposed the payment of two compensations, 6,000 euros for moral damages and 4,819 for the objects stolen and not recovered.
The defendant appealed to the Superior Court, which determined the existence of a crime of coercion preventing the legitimate enjoyment of the home, after the defendant had changed the lock; and secondly, for a crime of aggravated theft, which placed the victim and her son in a serious economic situation after having seized all the objects and belongings that were inside the home.