Evicting a Tenant in Spain Just Got Faster

The Spanish government has introduced a new law that will overhaul certain aspects of the so-called ‘Express Eviction’ laws introduced in 2009 to speed-up the existing eviction process that saw non-paying tenants able to delay having to leave the property for well over a year.

It is hoped that the rental market will thereby be improved with owners less reluctant to rent out their property.

The 2009 law was considered to be ineffective due to the fact that, despite permitting an eviction to take place within 60 days, this rarely if ever happened. This has been put down to the fact that, despite a surge in the number of eviction proceedings (primarily a result of the economic crisis) there has been no increase in the number of personnel to effect judgments.

Ten days to pay

The new laws aim to speed-up certain processes and eliminate those considered to be unnecessary. As soon as the landlord presents the demand for payment of rent and it is accepted by the court, the tenant has merely 10 days to either pay the rent, leave the property or respond to the demand on the basis that the monies are not in fact owed.

In the document issued by the court to the tenant the hearing date for any proceedings (should the tenant allege that the monies are not owed) are set as well as the specific eviction date. Should the tenant require legal aid, this must be requested within three days.

If the tenant leaves the property without paying, the judicial proceedings will go ahead on the petition of the landlord to recover the debt. If the tenant does nothing – does not respond or leave – the eviction will proceed on the date specified in the court document, without the need for any judicial proceedings.

It remains to be seen if the new laws, which are already in effect will have the desired impact. While they should improve the rental market by providing more security to potential landlords, they will no doubt affect those tenants affected by the continuing economic crisis and who, due to unemployment, are unable to pay the rent each month.

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50 Lawyers Offering Eviction Proceedings Services in Spain

Testimonials for our Eviction Proceedings service
  • Ahmed Hasan
    Ahmed Hasan, Kuwait

    My lawyer Basak was extremely helpful - she couldn't have done more. I would definitely recommend her to friends.


     


    May 07, 2019
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    Oct 13, 2018
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    Pedro had to evict my squatter tenants, and then organised an estate agent to sell my apt. This agent undertook renovating the apt, and got me a good price.


    Pedro and his brilliant co-worker Ana finalised the sale and I received the money into my account, without me ever setting a foot in Spain.(Power of attorney).


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    May 07, 2018
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    Jeremi Hazan, Israel

    Francisco is a good men and honest. Did the job perfect.


    Dec 21, 2017
  • Colin Stuart Farmer
    Colin Stuart Farmer, UK

    Juan Ignacio met me in Almeria and with skill and persistence was able to deal with the eviction of a non paying tenant in a very short time, and avoided long and drawn out court processes.(The time factor was important because after gaining access it became apparent that the occupant was rapidly trashing the place.).


    At all times he maintained personal contact with continuous updates during the process.


    A great bloke, great job done and good value.

    Hopefully he can do the same for when I sell the place.


    Dec 15, 2017
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    Nov 22, 2017
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    He is absolutely first class and professional service. Provided over and above all my requirements.


    May 25, 2016
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    My lawyer responded very quickly when contacted, and explained the appropriate legal solution to our problem, which very quickly had the desired effect.


    She had more or less fluent English and we would definitely use her services again.


    Nov 28, 2014
  • M.D.
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    The solicitor provided was bilingual. He was extremely helpful and couldn’t have done more for me.


    The service provided was effective and he kept me up to date as to the progress.


    Oct 18, 2014
  • Ian H
    Ian H, UK

    Nothing was too much trouble, efficient and didn't charge for additional help when he could have done.


    Aug 06, 2014
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