Title: The Dilemma of Garage Rentals: Permanent vs. Temporary Leases in Horizontal Property Law

Content:

Title: The Dilemma of Garage Rentals: Permanent vs. Temporary Leases in Horizont

Alquiling a parking spot has become a common practice in many homeowners' communities. In this context, the Horizontal Property Law (LPH) establishes a series of obligations for owners that are crucial when ceding the use of a parking spot, especially when rented to third parties who do not reside in the building. Although current legislation does not explicitly distinguish between leasing modalities, two forms of parking exploitation have emerged in practice: permanent and temporary leases. The difference between these models is significant, directly affecting issues of safety, access control, coexistence, and liability within the community.

The starting point is Article 9.1 of the LPH, which obliges owners to respect the community's general facilities and use their private elements appropriately, avoiding damage or disturbance to other neighbors. This obligation does not disappear when a parking spot is rented. On the contrary, the owner remains ultimately responsible for any incident resulting from the behavior of the space user.

In the case of permanent leasing, the situation is usually straightforward and rarely causes conflicts. This traditional model involves renting a parking spot for months or even years to the same user. The community knows who occupies the garage, it is easy to identify the habitual vehicle, and access control remains within normal parameters. The vehicle's license plate can be registered without complications, and the access key remains in the hands of a single person for extended periods. Precisely due to this stability, permanent leasing is often the model that generates the fewest problems among neighbors. In most communities, it suffices for the owner to comply with internal rules and ensure the user respects common facilities. Unless the bylaws establish specific limitations, this type of leasing is considered a normal activity linked to property rights.

The scenario changes significantly when dealing with temporary leases. In recent years, formulas have proliferated allowing parking spots to be rented for days, weeks, or even hours. What represents an additional income opportunity for some owners can become a constant source of concerns for many communities. The main difference lies in the rotation of users. When different people use the same parking spot in very brief periods, it becomes much more difficult to control who actually accesses the garage. Neighbors stop identifying habitual vehicles, and uncertainty grows about who enters and exits facilities that, in many cases, have direct access to homes, storage rooms, or private areas. This adds another important factor: the users' varying levels of responsibility and awareness of community rules. Temporary renters may not always be familiar with the specific regulations and may be more prone to careless behavior, increasing the risk of accidents or damage to common areas. Furthermore, the constant influx of new users can lead to a lack of accountability, as it becomes challenging to identify and hold responsible the individual causing a problem.