Evictions in Spain have had some legal changes over the past week, with new regulations. These entered into law in Spain on 23/12/20 and will apply until 9/5/21, which is currently the official end of the State of Alarm.
Contrary to what many people think, there is not a speedy process for evictions in Spain. It can still take 6 months to a year and a Court process to get non paying tenants out. Because of the problems with people losing jobs etc, the government has introduced new regulations to protect the tenants. For a long time now in Spain, the tenant has been the more protected in a landlord/tenant relationship.
Evictions in Spain – New Regulations
If the tenants can prove they have no money or assets, then the eviction proceeding can he halted. They need to prove it with paperwork via the solicitor to the Court. Even if the Court proceeding was almost finished, it can be stopped and suspended.
However, not if there is an eviction date set or if a final trial has taken place.
If the landlord has more than ten houses, the tenant can force them to stop a proceeding and delay rent for some months, and reduce by 50%.
Also, contracts that end at or before 31/1/2021 can be automatically extended for 6 months.
The law only applies for residential properties so business premises or locales and also second homes are unaffected.
If you are having problems with your landlord or your tenants, please contact us for further advice on eviction situations.
Keith Barry Carrington
We have been unable to pay rent since the state of alarm!we are 2 pensioners+2adult sons under the one roof&only receive the minimum pension from England,approx.780€month!Our landlord stated he wanted the house back as he said he’d sold it-and gave us 3weeks notice to move out in August!Since then we have had several threatening phone calls-and a couple of visits to the house again threatening us to leave!ps.my impression is he was renting the place unofficially as he insisted on CASH through a local “friend”maybe you could advise our options ?thank you!