Questioning the ‘freedom of contract’: contract disobedience and the tenant struggle in Barcelona

Abstract

In the past decade, rental housing has emerged as a new field of financialization, highlighting the importance of rent to understanding contemporary urban dynamics. Despite rental markets expressing juridical relations, empirical research on the articulations between law and rent is absent in the existing literature. In light of critical legal approaches, the paper addresses this gap through an ethnographic exploration of conflictual residential rent relations in Barcelona. The paper argues that contracts are not only legal objects crucial for the existence and articulation of rent, but their constant opening and closing, enabled by property law, result in both judicial and invisible evictions, which increase tenant turnover, thus securing incremental rental-based streams. The contract disobedience strategy enacted by the tenant movement in Barcelona has exposed how contracts are tools of domination and poses a critique of the political and legal doctrine of the ‘freedom of contract’. This mobilisation has simultaneously articulated a political demand for implementing rent controls, which are placed in a broader, gradually emerging legal countermovement to protect habitation that finds its epitome in parliamentary debates and legislative processes.