Evictions

Facing Eviction in Spain: A Guide for Tenants and Landlords

Eviction can be a stressful experience for both tenants and landlords in Spain. This guide offers an overview of the eviction process in Spain, but remember, it’s not a substitute for legal advice.

For Tenants:

• Understanding When Eviction is Possible: Landlords can only evict you under specific legal justifications outlined in the Urban Lease Law (Ley de Arrendamientos Urbanos – LAU). These include:
  • Non-payment of rent (typically exceeding one month’s rent in arrears)
  • Breach of contract (causing significant damage, illegal activities, unauthorized subletting)
  • End of a fixed-term contract (landlord doesn’t wish to renew)
  • Landlord’s needs (with strict notice periods and potential compensation)
• Protecting Your Rights:
  • Right to Legal Defence: You have the right to legal representation throughout the process.
  • Dispute Over Rent Amount: If you believe the rent is unfair or exceeds legal limitations, you might have grounds to contest it in court.
  • Vulnerable Circumstances: Social services might intervene and offer temporary alternative housing solutions in cases of economic hardship or vulnerability.
• Seeking Help and Resources:
  • Legal Aid: Spain offers legal aid programs for low-income individuals.
  • Tenant Associations: Local tenant associations can provide support and guidance.
  • Social Services: Depending on your situation, social services might offer temporary housing assistance.
• Early Communication is Key: If you’re facing financial difficulties that might lead to late rent payments, try to reach an agreement with your landlord as soon as possible.

For Landlords:

• Grounds for Eviction: You can initiate eviction proceedings only under specific legal reasons outlined in the LAU (mentioned above).
• The Eviction Process:
  • Issue a formal demand for payment of outstanding rent or a notice to vacate.
  • If the tenant fails to comply, initiate legal proceedings through the court system.
  • Obtain a court order for eviction if the judge rules in your favour.
  • Enforce the eviction order with the involvement of law enforcement (final stage).
• Considerations:
  • Eviction can be a lengthy and costly process. Consider alternative solutions like mediation before resorting to eviction.
  • You are obligated to comply with the terms of the tenancy agreement, including repairs and maintenance responsibilities.

Remember:

• Communication is crucial for both parties. Open communication can help resolve issues and potentially avoid the eviction process.
• This guide offers a general overview, and the specifics can vary depending on the circumstances. Consulting with a lawyer specializing in rental law is highly recommended for both tenants and landlords to understand your rights and options in a specific situation.