What Is Eviction in Spain?
Eviction (desahucio) in Spain refers to the legal process by which a landlord removes a tenant from a rental property, usually due to:
-
Non-payment of rent
-
Breach of lease terms
-
Illegal occupation (okupas)
Spanish law protects both landlord rights and tenant safeguards under the Urban Leases Act (LAU) and Civil Procedure Law.
🔑 Common Grounds for Eviction
📅 1. Non-Payment of Rent
This is the most common cause. If a tenant fails to pay rent:
-
The landlord may issue a formal demand (burofax)
-
The tenant has 10 days to pay or vacate
-
If not, legal proceedings may begin
📃 2. Breach of Lease Terms
Includes:
-
Subletting without permission
-
Causing damage to the property
-
Using the property for illegal purposes
🏚️ 3. Illegal Occupation (Okupas)
Spain has seen a rise in squatters. Evicting okupas requires urgent court measures, especially if the property is a habitual residence.
⚠️ Police may not intervene without a judicial order unless caught in the act.
📝 Legal Eviction Procedure in Spain
-
Notice to Tenant
Serve a formal payment demand or breach notice. It can be sent via burofax (certified mail with proof). -
File a Lawsuit
If unresolved, the landlord files an eviction suit in the local Civil Court (Juzgado de Primera Instancia). -
Court Notification & Response Period
Tenant has 10 days to respond. They may:-
Pay overdue rent (if it’s a first offense)
-
Challenge the case
-
Vacate voluntarily
-
-
Eviction Order & Date
If the court rules in favor of the landlord:-
A court officer sets a date for eviction
-
The eviction is carried out with police presence if necessary
-
⏱️ Typical eviction process takes 2 to 6 months, depending on complexity and tenant opposition.
🧑⚖️ Tenant Protections in Spain
-
Vulnerable tenants may request delays or social assistance
-
Courts consider family status, health, and children
-
Squatters do not have the same protections as legal tenants
⚖️ Judges may postpone evictions for up to 2 months for vulnerable families, and up to 6 months if the property is owned by a large landlord or bank.
📁 Required Documents for Landlords
-
Signed lease agreement
-
Proof of rent owed (bank statements, invoices)
-
Burofax or formal demand letter
-
Utility bills, property ownership title
🧾 Keeping organized documentation speeds up the eviction process and helps secure a favorable ruling.
🛡️ How Borderless Lawyers Can Help
We support landlords and property owners with fast, legal eviction proceedings:
-
✅ Drafting and serving notices
-
✅ Filing court claims
-
✅ Handling squatter (okupa) evictions
-
✅ Representation in eviction hearings
-
✅ Enforcing court orders with local authorities
🏢 We also offer preventive lease drafting to reduce future legal risks.
🧠 Real Case Example
Situation: A Barcelona landlord had a non-paying tenant for 5 months. Borderless Lawyers served the burofax, filed the eviction, and obtained a court order. The tenant was legally evicted within 4 months, with rent compensation awarded.
🚀 Need Help Evicting a Tenant in Spain?
The eviction process in Spain is legal, structured, and time-sensitive. Don’t risk delays or legal missteps—get expert support.