Evictions in Spain

 

What is Eviction?

Eviction is the judicial process by which a landlord may evict a tenant for failure to pay the rent. The landlord may then use the property either personally or rent it to another.

All that is required is to show proof of a contract for lease of the property and to show that the rent is not being paid as agreed. If the debt is under €900 neither a lawyer nor a procurador is required.

In addition to obtaining the return of the property free of occupation, the landlord is entitled to receive any outstanding monies owed under the rental agreement.

 

Express Eviction Process

The process for removing a non-paying tenant from a property has been changed by Ley 37/2011 which attempts to speed-up the process. While it has certainly improved the legal process, the under-resourced court system still constitutes an impediment to a truly fast system. In any case, the process is as follows:

 

Notice to Quit

Once the rent has fallen due and is unpaid, the landlord should present a demand to the tenant that the outstanding rent be paid (usually by burofax available in the post office which is proof that it was sent on a particular date).

The reason for doing this is that it allows for the possibility of the tenant leaving the property without having to go through the legal process and the expense involved in hiring a solicitor, court taxes etc. Where the tenant voluntarily leaves the property is probably the best possible outcome in most cases, at least from the point of view of legal costs.

Client Testimonials

Recent Advocate Abroad property lawyer reviews as added by clients directly to the Wufoo client survey platform:

  • Default Avatar75
    Mr David P Robson, Valancia
    Thursday, July 12, 2018
    My lawyer Francisca offered value for money and was very helpful. Will use her again.
  • Default Avatar75
    Richard Day, London and Barcelona
    Thursday, July 05, 2018
    My initial call to your service desk was responded to by Oscar very quickly.

    I appreciated his time as I outlined my issue, a problem with the building community and administrators. At the end of ...the call he provided clear guidance on next steps.

    Furthermore he quickly turned around the issue with an excellent drafted response for which I could not of hoped to be better worded. It was comprehensive and aligned perfectly with what I felt was needed.

    Excellent value for money and most definitely I would highly recommend Oscar.
  • Default Avatar75
    Søren Aabel Hammer, Malaga
    Thursday, July 05, 2018
    Beatriz was professional and quick to respond. Would definitely recommend to friends.
  • Default Avatar75
    Niall Purdie, Barcelona
    Monday, June 25, 2018
    Anna helped me purchasing my house, she was knowledgeable and professional throughout. I would recommend using her legal services.
  • Default Avatar75
    Peter & Anita Bradshaw, Leeds, England
    Monday, June 18, 2018
    We could not be more happy with the service we received from Jaime.

    He responded immediately to our enquiry and it was clear from the outset that he fully understood our position. It was vital tha...t Jaime acted quickly in this matter and he did so in a highly professional and competent manner, providing us with clear and concise updates throughout.

    We found Jaime to be very polite and approachable and we believe his fees to be very reasonable. We would genuinely not hesitate to recommend his services.

    Before contacting Jaime, our previous experiences of Spanish Lawyers had been appalling - in fact we needed Jaime's help to resolve issues which previous Lawyers had created. Our only regret is not finding Jaime sooner!

    Thanks so much for all your help Jaime.
  • Default Avatar75
    Tracey and Mike Iliffe Bradley, Colchester, United Kingdom
    Tuesday, May 29, 2018
    From our very first contact through to the end of our purchase, Rosa surpassed all expectations.

    She was helpful, efficient, always quick to return our communications and a pleasure to deal with. ...We have already recommended her services to a friend.
  • Default Avatar75
    Rl, Alicante
    Thursday, May 24, 2018
    Felt very comfortable at all times. Nothing was too much. Understood everything mentioned in our meeting. Very reasonable rate, money wise.
  • Default Avatar75
    Cian O'Grady, Ireland
    Tuesday, May 15, 2018
    We bought a property in spain and Lidia assisted us through the buying process.

    She was very professional and reassured us throughout the process.Her english was very good and we felt that we got ...good value for our money.
  • Default Avatar75
    PJU, Torun, Poland
    Wednesday, May 09, 2018
    Béatriz responded quickly to any queries I raised, with easily comprehensible answers.

    Her fee was very reasonable and she proved to be a very personable and approachable person when we finally m...et at the Notary.
  • Default Avatar75
    Geraldine King, Ireland
    Monday, May 07, 2018
    I was extremely happy with Pedro,and Ana. They were honest,and answered my queries promptly.

    Pedro had to evict my squatter tenants, and then organised an estate agent to sell my apt. This agent un...dertook 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).

    I will be recommending Pedro to friends, who are going to sell their apartment in Torrevieja. I highly recommend him.
  • Default Avatar75
    George Salib, London
    Monday, April 23, 2018
    Jose Antonio was very professional and has assisted me in every step of the purchase of my flat in Alicante.

    He also assisted me by advising of the most suitable area according to my needs. His com...mitment and dedication is excellent.

    Jose Antonio was very easy to approach and happy to help in any way he can.

    I will definitely recommend him to my family and friends.
  • Default Avatar75
    Duncan Martin, Wolverhampton, England
    Friday, April 20, 2018
    Lidia, was extremely helpful and patient throughout the process.

    She was very attentive and responsive and explained everything in detail.

    Lidia represents excellent value for money and the so...lutions she recommended were very beneficial, especially as you hear and read about a lot of horror stories on the web.

    Lidia was the best legal representative i have employed and i will always use her where Spanish legal affairs are concerned.
  • Default Avatar75
    Pernilla, London
    Friday, April 13, 2018
    We had excellent service from Esther at Advocate Abroad when buying a property in Las Palmas, Gran Canaria.

    Esther speaks both Spanish and English, and is very friendly, professional and genuine. ...She took care of the whole purchasing process and explained all the steps for us, including giving advice on Spanish bank account, NIE numbers etc.

    We are very pleased with all the help we have received and can highly recommend Esther. Thank you so much!
  • Default Avatar75
    L Marshall, London
    Wednesday, March 28, 2018
    Rosa was excellent. Very efficient and professional.

    Responsive and always available. Extremely helpful - we did not understand the process and she guided us through.

    We would not hesitate to ...recommend her.
  • Default Avatar75
    Robert Scott, UK
    Wednesday, March 07, 2018
    First class service. Rosa's professionalism, advice and patience were all exemplary! Keep up the good work. Will certainly recommend the service to friends!
  • Default Avatar75
    M Pearce, Marbella
    Monday, March 05, 2018
    Miguel was extremely helpful, he couldn't have done more:

    Always kept us updated on the progress of our purchase
    Always responded to emails in a professional and timely manner
    Always explained to... our understanding all aspects of the legalities about the purchase
    Very approachable,courteous and professional

    So much better to deal with than UK property lawyers!

  • Default Avatar75
    Andrew Bullen, UK
    Friday, February 16, 2018
    Rosa was very professional at all times when dealing with me. Her English was second to none and she always kept me informed of progress via email promptly.

    I wouldn't hesitate to use Rosa in the ...future for any legal issues I have.
  • Default Avatar75
    Tamara Reeves, Australia
    Thursday, February 15, 2018
    Anna was very knowledgeable and had prior experience dealing with English clients. She spent a lot of time explaining information and I was never rushed.

    I have continued to use Anna since my firs...t meeting as I trust her judgement and know that she will look after my best interests.
  • Default Avatar75
    Lisa Jones, UK
    Thursday, January 25, 2018
    Kristina was extremely helpful throughout the process of buying my property in Spain. She was very easy to reach at all times and very professional. I would highly recommend Kristina to anyone buying ...a property in the area.
  • Default Avatar75
    Jackie Acres, UK
    Thursday, January 25, 2018
    Miguel is fantastic, his English is superb. He responds clearly and concisely and always quickly too.

    He is helpful and approachable and has always answered all my questions very thoroughly. He’...s very polite and an absolute pleasure to deal with.

    I hope he never retires!
  • Default Avatar75
    Yuka Mizota Lockey, Kent, Uk
    Monday, January 22, 2018
    Olga responded promptly and efficiently. She was accommodating in terms of arranging meetings. She was really knowledgeable, diplomatic when dealing with our estate agents and was dedicated to our int...erests.

    All my family found Olga very approachable, professional and we were grateful to have someone who could explain and guide us through a process that is foreign to us.
  • Default Avatar75
    Norman McElroy, Northern Ireland
    Thursday, January 18, 2018
    Erardo was very professional, always available and most courteous in all the dealings I had with him. I would be happy to recommend Erardo to anyone.
  • Default Avatar75
    Gearóid Foyle, London
    Friday, January 12, 2018
    Emma was bilingual, helpful and always happy to assist. In particular, I appreciated her approachability and understanding. I would definitely use her services again.
  • Default Avatar75
    Larry Karns, Valencia
    Wednesday, January 10, 2018
    Inma is a very approachable, open and knowledgeable professional.

    She is available to meet with us on short notice, is attentive to our needs, answers each of our questions fully and provides appr...opriate legal solutions.

    Inma is bilingual which has simplified communication and avoids misunderstandings. Her fees are definitely value for the money paid, and we will continue to seek her professional services.
  • Default Avatar75
    DP, United States
    Wednesday, January 03, 2018
    He has been very attentive, efficient, and always anticipates our needs in a timely manner. We enjoy working with him and look forward to other future business arrangements when needed.
  • Default Avatar75
    Delphine Harrison, England
    Thursday, December 21, 2017
    Jose was excellent from my initial contact to the exchange of the contracts, always responding quickly to my emails even out of work hours, very professional and understanding.

    Jose made the whole... experience stress free and quite enjoyable, I would highly recommend him for anybody needing legal advise or business abroad.
  • Default Avatar75
    Tim Burley, Mallorca
    Friday, December 15, 2017
    A very strange phenomenon with lawyers in Spain - she was working for me rather than just trying to line her own pockets!
  • Default Avatar75
    Theo Kleynhans, Castellón de la Plana
    Tuesday, December 05, 2017
    I always felt safe with Lidia. She knows what she is doing and was extremely professional and helpful.

    I think she was priced perfectly and I believe that she always understood me. I will recommen...d her with ease. She will remain my spanish Lawyer.
  • Default Avatar75
    YB & CB, Scotland
    Thursday, November 30, 2017
    Our lawyer Rossana has really looked after our interests in the most comprehensive way possible.

    As novice property purchasers in a foreign land, she has done everything (including things we could... not imagine as necessary due to our ignorance of local laws, customs & practices) to keep us free from unforseen trouble!

    We have been impressed to such a degree and now have so much confidence in Rossana that we have arranged for her to have ongoing Powers of Attorney, so that she may represent our interests in our absence. She is a most impressive lady!

    I have not the slightest hesitation in recommending her, based on our direct experiences.
  • Default Avatar75
    Nigel Griffiths, UK
    Wednesday, November 29, 2017
    My situation was complicated because the correct documentation was not done at the time of sale....

    Rosa contacted the purchaser and arranged to receive all the information required to submit to th...e Spanish authorities.

    Without Rosa, whose understanding of English (which was perfect),I would have had serious problems.We were kept informed at all stages of the process, by phone and e-mail.

    I cannot recommend Rosa to highly,...she was fantastic.
    Thank you Rosa.

Legal Process

If there is no response from the tenant then the landlord may apply to court for an eviction order. Within that application, the landlord may offer the tenant the possibility of a cancellation of any outstanding rent as long as the tenant leaves the property within a certain period of time (which may not be less than 15 days).

At the same time a date is set by the court for eviction to take place unless there is an action by the tenant, such as payment of all outstanding rent, that would stop the eviction process. The tenant is give a period of 10 days to pay the rent or the eviction will take place.

It is also possible of course that the tenant opposes the eviction on some other grounds, in which case, the matter goes to a full hearing.

Before the court case begins, the eviction proceedings can be stayed by payment of the outstanding rent, assuming that it is the first time that eviction proceedings have been brought against the tenant by the landlord.

Upon obtaining a court order for eviction of a non-paying tenant and payment of the outstanding sums, the landlord may also seek the costs of the proceedings and any sums owed under contractual terms that provide for extra payments if the rent is delayed.

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