Tenant sentenced for headbutting landlord in Cáceres

Headbutt on landlord after lock change: €3,341 sentence

On the evening of July 5, 2021, at 9:20 PM, a tenant and his landlord argued at the entrance of a building in Cáceres. The conflict arose because the owner had changed the locks and refused to give the tenant a key copy, claiming the lease had expired days earlier. The altercation ended with the landlord taken to the Emergency Department of Hospital San Pedro de Alcántara with a fractured nose, a torn shirt, and 30 days of recovery time (three moderate, 27 minor). The aggressor, who later reported the landlord alleging he was the one hit, has seen his conviction upheld by the Provincial Court.

What the ruling says: €1,820 fine and €1,236 compensation

Cáceres Incivil Court No. 1 sentenced the attacker to pay a €1,820 fine for assault, compensate his former landlord €1,236, and pay €285 in medical costs to SES (Andalusian Health Service), plus legal fees. The Provincial Court upheld the verdict, noting it is surprising that someone could deliver a headbutt strong enough to break a nose while the victim "suffers no damage." The convicted man insisted he fell due to the blow and grabbed the landlord's shirt when trying to get up, tearing it. The medical report he provided listed symptoms, but diagnostic tests showed no corresponding injuries.

The landlord's son testified during proceedings, stating the tenant attacked his father with a headbutt and shook him, despite no threats or hits from the landlord. It was the son who called the police, who arrived to find the victim bleeding heavily.

The real cost of a broken nose: €3,341 and rising

The total of the fine, compensation, and medical expenses amounts to €3,341. Some argue this figure is low; adding lawyers' fees and court costs for both instances significantly increases the total. An analysis circulating suggests the final cost could reach between €6,000 and €7,000, a fortune for the average Spaniard. The fine exceeds the compensation, a detail that has drawn attention, leading some to view courts as tax collectors alongside the DGT (traffic authority) and Hacienda (tax agency).

The debate over the duplication of fine and compensation has a technical answer: the fine is a incivil sanction for breaking the law, while compensation is a civil payment for damages caused. They are not the same nor do they serve the same function.

Can the landlord change the locks before the contract ends?

No. When a rental contract ends, a handover document must be signed detailing the apartment's condition and terminating the agreement. This can be done verbally, though it is inadvisable as verbal agreements are hard to prove. Without formal handover, the tenant legally remains in possession, and eviction requires a judicial lawsuit. Changing locks unilaterally can lead to legal consequences for the owner.

Some note the landlord should have notified the end of the contract via burofax (certified mail) four months in advance and left the space clear. There is also speculation about an undeclared rental, though this does not appear in the proven facts.

The risk of dealing directly with tenants

A golden rule for landlords is to avoid direct personal contact with tenants, especially when delivering bad news, to prevent such incidents. Bad news is better delivered by phone or email. The scene in Cáceres is the most literal demonstration of this principle.

The case leaves an open question: if the owner had trinc legal procedures, would the outcome have been different? The answer is not in the ruling. What is certain is a broken nose, 30 days off work, and a conviction that, all told, costs more than the rent in dispute.