Evictions in Spain

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Posted and filed under Legal Issues in Spain, Property in Spain.

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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 the 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.

Business Locales

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.

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