Evictions in SpainBenefits of the Express Eviction Process

Evictions in Spain have an game change by Ley 37/2011 in order to speed-up the process for removing a tenant from a property - or eviction.

Evictions in Spain

One of the major impediments to a healthy rental market has been the length of time it has taken to remove tenants who have failed to pay the rent agreed under the lease. As a consequence a number of laws have been enacted to improve he efficiency of the eviction process, specifically:

  • Law 19/2009 to Stimulate the Rental Market
  • Law 37/2011 Measures to Expedite Legal Processes
  • Law 4/2013 (Measures to Increase Flexibility and Develop the Rental Market).

The objective of the laws is as follows:

Shortening of Waiting Period for Eviction Proceedings

The two month period between the presentation of the demand for payment to the tenant and the initiation of court proceedings which the landlord previously had to wait was shortened to one month by Law 19/2009. As a result of Law 37/2011 the landlord may proceed immediately upon a failure to pay any rent due. However, as stated above, it is recommended that the landlord speak with the tenant and, if necessary, send a formal notice to quit if payment is not received by the stated date. Should the tenant pay the outstanding amounts in this period then the proceedings can be avoided.

Effective Delivery of the Demand for Payment

Where the landlord notifies the tenant of the demand for payment but the latter does not receive the notification, the landlord may have the demand added to the Official Court Notice such that the tenant is deemed to have received notice without any further action by the landlord.

Juicio Verbal

All eviction procedures can be processed via juicio verbal which is a faster process and is akin to a small claims court in the UK. The fact that the proceedings take place in this way permits a sentence to be delivered within five days.

Faster Execution of the Eviction Order

An affirmative sentence of the court shall be sufficient without more to carry out the order in the date and time decided by the court.

The new measures permit the landlord and tenant to agree to cancel some or all of the debt in exchange for the tenant leaving the property in a time-frame set by the landlord (though it may not be less than 15 days).

Extension of Rules Avoiding Automatic Extension of the Lease for Five Years

The reasons for which a landlord may terminate the lease for reasons of requiring the property for personal use are extended by the new law to include a need by the landlord’s parents, children or spouse in cases of divorce. A clause to this effect must appear in the contract.

If, after three months, the occupation has not transpired, the landlord must return the use of the property to the tenant and pay indemnification for the costs of moving to another property.

Related Services

38 Lawyers Offering Eviction Proceedings Services in Spain

Testimonials for our Eviction Proceedings service
  • Suzanne Frankling
    Suzanne Frankling, Sabadell

    Raffaele was extremely helpful and nothing was too much trouble. He is also very friendly and his manner puts you at ease straight away. Yes I would use him again and in fact my sister uses his legal services as well.

    If you need a lawyer who speaks fluent English and Spanish (and Italian) and works on your legal matters professionally and without delay, then I strongly recommend contacting Raffaele.

    Oct 28, 2020
  • Raymond Dieset
    Raymond Dieset, Barcelona

    Very relaxed and not uptight. All very good.

    Sep 18, 2020
  • Wayne Leatherbarrow
    Wayne Leatherbarrow, Costa Blanca

    Confident, articulate, concise & polite. I've used eleven 'abogados' to date, all pale behind Jose. One case I had lasted 12 years ! So I do believe that I know a little concerning the lugubrious trade today. The Best Rise to the Surface.

    I'm happy, Thank you.

    Sep 01, 2020
  • Tony Johnson
    Tony Johnson, Marbella

    Francisco is a true professional; super efficient and completely fluent in English. He helped me with a difficult legal matter and took all the stress out the situation as well as providing a pragmatic path to resolution...precisely what you need from a lawyer/abogado.

    The service I received from Francisco was first class. I cannot think of any areas that could have been improved.

    Aug 05, 2020
  • jake raby
    Jake Raby, Ibiza

    Cristina provided an excellent service throughout the process.

    During the initial telephone consultation, she provided clear advice about our legal position and options. She then dealt with the resolution of our property dispute efficiently and kept us informed regularly via email.

    Would definitely recommend to friends.

    Jun 01, 2020
  • Ilona Barta
    Ilona Barta, Torrevieja

    Inma was extremely helpful: she responded promptly and kept us up dated during our case every day. She possesses great negotiation skills that led to success in our case. Great value for money for complicated issue. Inma also made us clear about Spanish legislations and law that was helpful.

    Approachable and highly professional. Can't express enough our gratitude. We will definitely recommend Inma.

    Great service.

    May 29, 2020
  • Thijs Lethbridge
    Thijs Lethbridge, Murcia

    Maria is an extremely competent and professional lawyer, she helped with all aspects of work involved even going above and beyond in her line of duty. I will definitely use her again if I require a lawyer. Brilliant experience.

    Oct 23, 2019
  • Manoochehr Jafari-Nahad
    Manoochehr Jafari-Nahad, UAE

    Jose-Antonio was extremely helpful and prompt and also it was helpful that he could be contacted via social media like Whatsapp

    Oct 13, 2018
  • Jeremi Hazan
    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
  • Bjarne ten Harkel
    Bjarne ten Harkel, The Netherlands

    My lawyer Rossana is an honest person and highly professional. She is simpatico. I would definitely hire this lawyer again.

    Nov 22, 2017
  • Andrew Brown
    Andrew Brown, Qatar

    Francisco is extremely helpful, couldn’t have done more.

    He is absolutely first class and professional service. Provided over and above all my requirements.

    May 25, 2016
  • Allison Andrew
    Allison Andrew, Torrox

    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.
    M.D., Puerto Banus

    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