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Tenancy Disputes in Spain: What Foreigners Need to Know

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Tenancy Disputes in Spain: What Foreigners Need to Know

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Tenancy Disputes in Spain: What Foreigners Need to Know

Rental and tenancy disputes are common in Spain, especially among foreigners renting homes or commercial spaces. Whether you are a tenant or landlord, understanding how tenancy disputes are handled and your rights under Spanish law is essential.

This guide covers the most frequent tenancy conflicts and how foreigners can protect their interests.

⚖️ Common Causes of Tenancy Disputes

  • Non-payment of rent

  • Property damage or neglect

  • Early termination of lease

  • Deposit disputes

  • Renewal disagreements

  • Unauthorized subletting

  • Eviction notices and procedures

🏛️ Legal Framework: Ley de Arrendamientos Urbanos (LAU)

The Urban Leases Act (LAU) regulates most residential tenancy agreements in Spain. It sets:

  • Minimum contract durations

  • Tenant renewal rights

  • Rent increase limits

  • Eviction procedures

Commercial leases follow general civil law principles but often include specific clauses.

🧾 What Can Foreign Tenants and Landlords Do?

For Tenants:

  • Pay rent on time to avoid eviction

  • Request repairs and maintenance

  • Know the terms of the lease

  • Use burofax to formally communicate disputes

  • Seek mediation before litigation

For Landlords:

  • Ensure lease agreements are clear and signed

  • Demand overdue rent via burofax or legal demand letters

  • Initiate eviction through court if tenant breaches contract

  • Claim damages or unpaid rent in court

🚪 Eviction Process in Spain

  1. Notice to Tenant: Written demand or burofax

  2. Filing Eviction Suit: Landlord files claim at court

  3. Court Hearing: May last a few months depending on caseload

  4. Judgment: If granted, court orders eviction

  5. Enforcement: Bailiffs execute eviction order

⚠️ Evictions are strictly regulated, and tenant protections apply.

🧳 Representation and Language

Foreign parties need a Spanish lawyer and procurador for tenancy disputes. Documents must be translated officially.

💰 Costs and Timelines

  • Legal fees depend on case complexity

  • Court fees may be waived for tenants in financial hardship

  • Total eviction process can take 3–6 months

🤝 How Borderless Lawyers Helps

We assist landlords and tenants, including foreigners, with:

  • Drafting and reviewing leases

  • Negotiating disputes and mediations

  • Filing and defending eviction proceedings

  • Recovering unpaid rent and damages

  • Handling deposit claims

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