Tenant Eviction Lawyers in Spain

Due to the fact that the Spanish economy has recovered, numerous foreign citizens decided to relocate in this country to start a business or to work here. While most of the foreigners usually rent a property in Spain, a large proportion of them also prefer to purchase their own real estate property, which led to the development of the Spanish property market.

Although most of the persons renting a property in this country respect the requirements imposed by their rental agreements, some are in the breach of such provisions, in which case they can be evicted. Tenant eviction can take place due to a large set of reasons, this is why several years back the Spanish Congress has passed a new law which makes the tenant eviction process easier. More details – from our team of tenant eviction lawyers in Spain.

When can a tenant be evicted in Spain?  

Tenant eviction is the judicial procedure under which a landlord has the right to evict a tenant for not paying the rent. In eviction proceedings for non-payment, the landlord must in principle be represented by a lawyer and a court representative (procurador) whatever the amount; the old EUR 900 threshold no longer applies (pure money claims up to EUR 2,000 can be filed without them). Persons who are involved in a tenant eviction case (both the tenant and the landlord) can address to our team of tenant eviction lawyers in Spain, who can offer legal assistance on the matter. Some of the most important aspects are: 

• • foreigners should know that tenant eviction may take place when the rental agreement reached its deadline and no other document was signed between the landlord and the tenant; 
• • if the tenant refuses to leave the premises, the landlord can request the eviction of the persons living in his/her property;
• • according to the new law, all the landlord needs in order to successfully remove a tenant is the rental contract and proof that the renter has failed to pay the lease accordingly;
• • in order to speed up the process, the time for filing an eviction application with a Spanish court has been reduced from two months to one month from the time the landlord has asked for the payment of any outstanding amount.  

The new legislation on tenant eviction in Spain

Under the current Law 37/2011, a court notice is sufficient for the tenant to be evicted. The law also provides for the procedure to be conducted verbally in order to simplify the procedure. Once notified, the tenant has 10 days to pay, vacate or oppose; in practice the whole process usually takes several months. Our team of tenant eviction lawyers in Spain can assist you in litigation cases related to real estate properties.

More importantly, those who want to rent a property in Spain should know that the 2013 reform favoured landlords, but later reforms (Royal Decree-Law 7/2019 and the Right to Housing Law 12/2023) strengthened tenant protection again, e.g. longer minimum terms and extra checks for vulnerable tenants in eviction cases. The interests of the landlord are now also covered under the Law 4/2013 – the Measures to Increase the Flexibility and Foster the Rental Market.   

What are the steps for tenant eviction in Spain?

The first step towards tenant eviction is the notification of the renter. If the tenant fails to pay or to respond to the notice, the landlord is then entitled to file a petition with the Spanish court in order to obtain an eviction order. The tenant will be granted a 10-day grace period in order to pay the debt and in case of failure, the eviction order will be carried out.

If you need information concerning the legislation on property, do not hesitate to contact our tenant eviction lawyers in Spain. Our attorneys can also help you rent or purchase real estate in Spain and can assist with legal advice on the provisions that have to be included in a rental agreement in this country.