Understanding Eviction Laws in Spain
Tenant eviction in Spain is regulated by the Urban Leases Act (Ley de Arrendamientos Urbanos – LAU). While Spain protects tenant rights, landlords also have legal remedies when rent goes unpaid or the lease is breached.
Whether you’re a Spanish resident or a foreign landlord, this guide explains your rights and the eviction process in Spain.
🚪 Legal Grounds for Evicting a Tenant
You can legally evict a tenant in Spain under the following conditions:
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❌ Non-payment of rent or utility bills
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🔁 Violation of lease terms (e.g., subletting, damaging property)
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🏚️ Use of property for illegal purposes
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🛑 Expiry of the lease with no renewal or refusal to vacate
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🔧 Need to use the property for yourself or a close relative
📜 Step-by-Step Eviction Process in Spain
1. 📨 Send a Burofax (Formal Notice)
Send a burofax with acknowledgment of receipt, demanding payment or vacating the property. This acts as formal proof and gives the tenant 10 days to respond or comply.
2. ⚖️ File an Eviction Lawsuit
If the tenant doesn’t pay or vacate, file a desahucio (eviction claim) in the civil court. Include:
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Lease agreement
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Proof of non-payment
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Copy of the burofax
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Property ownership documents
📝 A Spanish lawyer and procurador (court representative) are usually required.
3. 🏛️ Court Hearing & Order
The court will schedule a hearing or issue a judgment by default if the tenant doesn’t respond. If the court rules in your favor, a judicial eviction order is issued.
4. 🚓 Enforcement by Court Agents
If the tenant still refuses to leave, a court enforcement officer (alguacil) will carry out the eviction, typically with police presence if necessary.
⏱️ How Long Does Eviction Take in Spain?
The process can vary by region and case complexity. On average:
| Phase | Approximate Duration |
|---|---|
| Burofax notice | 10 days |
| Filing & hearing | 1–3 months |
| Judicial order to vacate | 1 month |
| Forced eviction | 1–2 months (if needed) |
⚠️ In total, 2 to 6 months is common — faster if uncontested.
💶 Can You Recover Unpaid Rent?
Yes. You can claim:
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Outstanding rent
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Legal interest
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Utility bills
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Legal costs (in some cases)
However, actual recovery depends on the tenant’s financial situation. Your lawyer may request wage garnishment or asset seizure.
🔄 What If the Tenant Pays After You File?
Spain allows enervación (right to stop eviction) if:
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The tenant pays all overdue rent and legal costs before the hearing
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It is the first time enervación is used by the tenant
You can prevent this in the lease by excluding enervación in writing.
🏘️ Tips for Landlords to Prevent Eviction Issues
✅ Vet tenants with contracts, references, and solvency checks
✅ Always use a written lease agreement
✅ Request rental deposit (up to 2 months’ rent)
✅ Register lease with the Land Registry (optional but useful)
✅ Act quickly on missed rent
🧑⚖️ How Borderless Lawyers Can Help
We represent landlords across Spain in eviction matters, including:
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Drafting and serving formal notices
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Filing desahucio proceedings in civil courts
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Representing foreign property owners
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Recovering unpaid rent and damages
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Handling post-eviction property issues
🗂️ We handle your case from start to finish, in Spanish or English.
✅ Regain Control of Your Property
Evicting a tenant in Spain requires a legal and procedural approach, but the system ultimately protects landlords. Don’t wait for unpaid rent to pile up — take legal action early.