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 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

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eviction-order

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.

14 Comments

  • 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!

    • Amanda Thomas

      Good morning, please send an email with your contract and when you last paid the rent if you are local to our office, otherwise it would be best to seek the advice of a lawyer close to where you live as they may need to defend you in a Court proceeding, Kind regards

  • PD

    Moved to Spain 4 years ago, last 2 years have been tough financially with trying to keep business afloat along with rent,rates and household bills. I have a court action upcoming. I don’t speak fluent Spanish and find it difficult to understand the lawyer provided and the paperwork. My business was making a profit and covering all household bills but lockdown stopped operating. The profit/savings have gone. What can I do ahead of court to stop what I think is an eviction from landlord?

    • Amanda Thomas

      Good afternoon, I am sorry to hear this. You need to ask your lawyer and use a translation app or to ask to meet them with a translator or friend that speaks Spanish as you are a team trying to present the best defence you can and they know the detail of the case. Good luck. Kind regards

  • lorraine Corcoran

    I cant believe what Im reading from tenants! I am in a difficult situation financially in Ireland. I want to sell an appartment in Spain but tenent wont pay nor move. O already lost 10,000 euro rental previously.The stress Im under due to Uk tenants taking advantage is now at a critical level. No help from Sanish Lawyers.

    • Amanda Thomas

      Dear Lorraine, Unfortunately the tenants in Spain have very strong rights, but eviction proceedings can be done. You should seek another lawyer in the area close to your property perhaps, but they will not be able to act until September as Courts are closed all of August, Kind regards Amanda

  • Natasja

    We are not able to catch up with rent we are 1 month behind and the estate agent on behalf of the landlady treating me to call.my work that o don’t pay rent and that he will force us out in 24 hours and he said its who you know here in Spain. Now we want to leave the property and life at family so we don’t get more in depth with rent but he won’t except a 2 weeks getting put what can I do he is really nasty

    • Amanda Thomas

      Dear Natasja, They cannot force you out in a day, they have to start a proper eviction process and if they threaten you or cut off utilities you can go to the police, but my advice is to keep matters as amicable as possible and arrange leaving with them. Kind regards

  • Emma

    Regarding my landlord trying to evict me unlawfully

    • Amanda Thomas

      Dear Emma, you would need to send us a copy of the contract, the situation and if you are up to date with all payments please by email, I hope we can help With kind regards, Amanda

  • Joseph Muir

    good morning I am wanting to inquire as to the law for eviction in Andalucia, to explain briefly, my girlfriend is being evicted and I have been helping her with money to live, the problem is it is almost three years since the eviction order was given but she is still in the house, can you advise me why it is taking so long and has she an exemption from eviction as she has a son, she was given a day to go to court last September but nothing has happened from then, I live in El Puerto de Santa Maria and I don’t speak good Spanish so I apologise for this

    • Amanda Thomas

      Dear Joseph, I am sorry, you need to contact a local lawyer in Andalucia to assist with this case, Kind regards

  • Paul Derbyshire

    Hello we bought a property last September 2021 the property has tenants with a one year contract which ended in June 2022 we thought we could make a new contract and reform property and increase rent now we have found out from the tenants lawyer the rent increase can only be 2 % and the tenants can stay for 5 years in total we was not told about this rule when we purchased the property is there anything we can do to terminate this rolling contract

    • Amanda Thomas

      Dear Paul, Both issues are correct, as long as they are paying the rent each month. There is nothing you can do while they are paying, no. With kind regards,

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