💼 Non-Paying or Problematic Tenants? Foreign Landlords in Marbella Have Legal Recourse
If you’re a foreign property owner in Marbella dealing with a tenant who won’t pay rent, has overstayed, or violates the lease — you can initiate a legal eviction process under Spanish law.
This guide explains the full eviction procedure, timelines, and how an eviction lawyer in Marbella can help you recover control of your property quickly and legally.
🚫 Grounds for Eviction in Spain
Under Spain’s Urban Lease Law (Ley de Arrendamientos Urbanos), landlords can evict tenants for:
✅ Non-payment of rent
✅ Unauthorized subletting or use
✅ Property damage or illegal activity
✅ Expired contract with refusal to vacate
✅ Breach of lease terms (e.g. no pets, business use)
📍 Where Are Evictions Filed in Marbella?
Eviction claims are filed in the Juzgados de Primera Instancia (First Instance Civil Courts) in Marbella, which fall under the Judicial District of Málaga.
👨⚖️ Step-by-Step: Eviction Process in Marbella
1. 📩 Send a Legal Demand to the Tenant
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A Burofax or notarial notice demands payment or possession
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Optional but often speeds things up
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Sets a legal record
2. ⚖️ File a Lawsuit for Eviction (Desahucio)
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Your lawyer submits the claim for non-payment or breach
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Tenant has 10 business days to respond
3. 🧾 Court Schedules Eviction and Hearing
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If no objection: automatic eviction date is set
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If contested: a hearing is held
4. 🚓 Physical Eviction by Court Officer (Lanzamiento)
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Carried out by the court’s enforcement unit
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Police may assist if resistance is expected
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You recover possession and can change the locks
🗓️ How Long Does Eviction Take in Marbella?
| Stage | Estimated Time |
|---|---|
| Legal notice (Burofax) | 1–2 weeks |
| Filing & court process | 1–2 months (uncontested) |
| Contested case | 3–6 months |
| Enforcement (lanzamiento) | 2–4 weeks post-judgment |
✅ Marbella courts tend to process non-contested cases quickly. Court backlogs can slow down complex or disputed cases.
📑 Documents You’ll Need
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Lease agreement
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Payment history (bank receipts or proof of non-payment)
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NIE and property ownership proof
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Communication with tenant (if applicable)
💶 Legal Costs of Eviction
| Cost Element | Typical Range |
|---|---|
| Eviction lawyer Marbella | €900–€2,500 |
| Procurador (mandatory) | €300–€600 |
| Court fees | Usually waived |
| Locksmith + enforcement | €150–€400 |
✅ If you win, costs are often recovered from the tenant.
🧑💼 What If You’re Abroad?
No problem — we help foreign landlords evict tenants in Marbella remotely. With a simple Power of Attorney, we:
✅ File court actions
✅ Notify tenants
✅ Appear at hearings
✅ Recover your property
✅ Handle enforcement and clean-up
🛡️ How Our Marbella Eviction Lawyers Help
We assist foreign landlords with:
✅ Urgent eviction filings
✅ Recovery of unpaid rent
✅ Tenant negotiation & settlement
✅ Full court representation
✅ Enforcement through court bailiffs
All communication available in English, French, Dutch, German, and more.
📞 Need to Evict a Tenant in Marbella?
Don’t let squatters, defaulters, or contract violators take advantage of you. Our eviction lawyers in Marbella help you regain control of your property — quickly and legally.