How to evict a tenant through eviction in Spain?
Currently, there are many owners who doubt whether they should rent out any of their properties, especially due to the problems that exist if the tenant does not pay the rent. That is why it is important to know how the eviction process works in Spain, so that the owner knows how to evict tenants who do not pay the rent from their home.
In many cases, when renting a home in Spain, the owners do not make a rental contract, but simply reach a verbal agreement with the tenant, and a rent is agreed verbally, without a contract. Likewise, in these cases an eviction procedure can be initiated, as we will explain in this article.
Thus, regardless of whether there is a rental contract or not, if the tenants do not pay the monthly rent and supplies, the owner of the property may resort to friendly or judicial means to evict the tenants, either through the eviction procedure due to non-payment or initiating the eviction procedure due to precariousness.
What is eviction for non-payment in Spain?
Eviction for non-payment is a judicial procedure that aims for the owner of a home to recover the property in the event of non-payment of rent by the tenant.
As established in article 27 of the Urban Leasing Law in Spain, the owner of a property has the right to terminate the rental contract if the tenant does not pay the monthly rental payment, utility bills or the expenses derived from the lease.However, the reality is that delinquent tenants do not usually leave amicably, but instead try to extend the lease, even without paying, for as long as possible. Therefore, the owner must act quickly and, once the friendly means have been exhausted, file an eviction lawsuit for non-payment of rent.
How to evict a tenant who does not pay the rent with a contract?
Firstly, when this type of situation occurs, it is best to initiate an amicable procedure through extrajudicial means with the delinquent tenant. To do this, the landlord will have to contact an expert lawyer in evictions, so that he can begin the friendly procedure, first sending a prior friendly payment request to the tenant. And subsequently urge the route of negotiation, to be able to recover the amounts owed and begin the eviction as soon as possible.
Secondly, and only in the event that the tenant does not respond to the friendly prior request for payment sent and still does not pay the monthly payments due, it will be necessary for the owner, through a lawyer specializing in evictions, to go to court and file the corresponding eviction demand.
Through an eviction procedure, the owner will request payment of unpaid rent, and recovery of possession of the home.
Steps to evict a tenant who does not pay rent in Spain
To get the delinquent tenant to pay what they owe and also vacate the rented home, they must take the following steps:
- Filing of the eviction lawsuit for non-payment of rent. It is important, when filing the claim, to have the lease contract, a simple note from the Property Registry that proves that the owner is the owner of the home, proof with the friendly payment request sent to the tenant and the documents that are necessary to prove unpaid rent, as well as supplies not paid for by the tenant.
- Once the claim is accepted for processing, the tenant will be formally notified of the claim so that the eviction procedure can begin.
- Once a judgment or judicial decree is issued (this is issued in those cases in which the tenant does not oppose the lawsuit), the tenant will be ordered to leave the home and hand over the keys.
- The defaulting tenant will also be obliged to pay the debt to the owner. If the tenant does not pay the rent voluntarily, the landlord, through his lawyer specializing in evictions, will initiate an execution procedure to seize the tenant's current bank accounts, payroll and assets, with the aim of recovering the rents and supplies owed.
What happens when there is no contract regulating the lease?
In the event that there is no lease contract between the owner and tenant, the eviction procedure may also be initiated. However, by not having a formal rental contract, the owner will have more difficulties in recovering the home.
The owner will have to prove that he rented his property to the tenants, that a certain rent was agreed upon, and that they have not paid the rent during the time established in the verbal agreement.
What is precarious eviction in Spain?
In most cases, an eviction procedure is initiated due to precariousness when the owner gives his house to a family member or friend so that he can live there free of charge and when he wants to recover his house, his family or friends do not abandon the property voluntary.
This procedure is also initiated in cases in which the squatters occupy the home as property, and do not pay any type of rent, nor do they pay the costs of supplies.The eviction procedure due to precariousness begins with the filing of a lawsuit with the mandatory assistance of a lawyer expert in evicting squatters, and ends with the issuance of the corresponding ruling, in which the squatter or squatter will be ordered to evict the occupied property.
Contact us, and the expert eviction lawyers at Forcam Lawyers, will study your specific case and offer you quality legal advice.
At Forcam Lawyers we carry out eviction procedures throughout Spain. In addition, we have:
Firm of lawyers in Barcelona
Firm of lawyers in Tarragona
Firm of lawyers in Reus
Firm of lawyers in Tarrega