Although the eviction process is one of the simplest, most straightforward processes in Spain, it can be difficult if you do not receive the best advice. It is important for those who wish to rent out their property in Spain to understand the eviction process in case they must evict a tenant.
What is an eviction?
An eviction is a legal process where the owner reclaims their property from its current tenant (or an illegal occupant). Reasons for evicting a tenant may include failing to pay rent, a breach of any conditions within the contract by the tenant, or the owner deciding to move back into the property with their family.
Usually, owners first try to regain possession via an agreement between themselves and the tenant, using a legal representative. If this is unsuccessful, then the authorities will intervene, and the case will be handled by either the police or the court.
The eviction process in Spain
Before starting the judicial eviction process, you will need a lawyer and a solicitor to help with the legal proceedings, as well as proof of ownership for the property linked to the eviction as well as proof of the lease contract.
The eviction process begins with the tenant receiving a formal eviction notice from the landlord declaring the termination of the lease and the sum of debt the tenant is obligated to pay. This formal demand is usually presented to the tenant after the first breach of the contractual rental agreement.
The court action will then be filed, and the court will require the tenant to pay their debts and vacate the property. If the tenant wishes to object against this order, they will have ten days to do this. If they are entitled to do so and they pay back the debt, they are able to continue with their lease.
If the reason for eviction is non-payment of rent, the tenant has the right to continue living in the property if they pay back all of their debt. However, if you have formally notified them and continue with a lawsuit, this is not possible. Tenants who have been repeatedly sued are also unable to continue with the lease.
If the tenant has not objected to the claim in ten days, the court will set a date to which the tenant must vacate the property to be left to its owner. Any objection by the tenant will result in a trial. If the termination of the contract is justified, the court will officially order the eviction of the tenant and the payment of any debt they owe.
If for any reason, the tenant still refuses to leave the property after the trial, the landlord can request a forced eviction. However, with recent updates to regulations such as Royal Decree-Law 11/2020, persons or families in a situation of vulnerability are protected, where the court will inform the social services and a postponement of the forced eviction can be requested. In these cases, landlords may request financial compensation from the administration.
How long does the eviction process take in Spain?
The duration of the eviction process can vary depending on multiple factors, including communication issues with the tenant, court workload, and if your tenant objects to the claim. This process can take up to several months, so it’s important to ensure you begin as soon as possible by issuing a formal eviction notice to your tenant.
It is also important to note that the process can be delayed by the court if the tenant is in a situation of economic vulnerability. The rental laws protect the tenant in these instances.
How much does it cost to carry out an eviction in Spain?
The eviction process cost will vary depending on the actions taken. The landlord will initially have to pay fees for a lawyer to present the initial formal eviction notice. If the eviction goes to court, various costs will be added, especially if the tenant opposes the claim. Therefore, it can cost anything between €500 and €3000.
Usually, the court will require the tenant to pay not only the debt due but also the court costs incurred by the plaintiff.
Can a landlord evict a tenant without a court order?
A landlord can try to solve the issue without a court order – they can try to come to an agreement with you over your non-payment of rent. However, if this is unsuccessful, the landlord will proceed with the eviction process by presenting a formal eviction notice and filing a court order.
What are tenants’ rights in Spain?
Once a tenant has signed a contractual lease, both parties have obligations. The lessor must ensure that the property is habitable throughout your tenancy – this includes any required repairs or maintenance of the property. Furthermore, the lessor cannot cause any unnecessary disturbance to the tenant. It is the tenant’s right to terminate the contract if either instance occurs.
How many months rent overdue before eviction?
Tenants are allowed to begin the eviction process as soon as a tenant has breached their contractual rental agreement. However, as this process is costly and time-consuming, they are more likely, to begin with, an agreement between themselves and the tenant before judicial proceedings.
What should I do if a tenant refuses to leave?
If a tenant refuses to leave, the authorities will take over as soon as you have filed a court order for eviction. If, after the court proceedings, the tenant still hasn’t left, the police or court will intervene. In some cases, such as if the tenant is economically vulnerable, the tenant may be able to remain living in the property.
If you would like more information or support on the eviction process in Spain, you can get in contact with Tejada Solicitors by visiting https://tejadasolicitors.com/ or sending an email to firstname.lastname@example.org