Tenant Eviction in Spain
Tenant Eviction in SpainUpdated on Friday 26th October 2018
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Due to the fact that the Spanish economy has recovered, numerous foreign citizens decided to relocate in this country to start a business or to work here. While most of the foreigners usually rent a property in Spain, a large proportion of them also prefer to purchase their own real estate property, which led to the development of the Spanish property market.
Although most of the persons renting a property in this country respect the requirements imposed by their rental agreements, some are in the breach of such provisions, in which case they can be evicted. Tenant eviction can take place due to a large set of reasons, this is why several years back the Spanish Congress has passed a new law which makes the tenant eviction process easier.
When can a tenant be evicted in Spain?
Tenant eviction is the judicial procedure under which a landlord has the right to evict a tenant for not paying the rent. While for debts below the sum of EUR 900, the presence of a lawyer is not required, for amounts above this threshold the landlord must appeal to the services of a Spanish law firm. Persons who are involved in a tenant eviction case (both the tenant and the landlord) can address to our team of Spanish lawyers, who can offer legal assistance on the matter. Some of the most important aspects are:
- • foreigners should know that tenant eviction may take place when the rental agreement reached its deadline and no other document was signed between the landlord and the tenant;
- • if the tenant refuses to leave the premises, the landlord can request the eviction of the persons living in his/her property;
- • according to the new law, all the landlord needs in order to successfully remove a tenant is the rental contract and proof that the renter has failed to pay the lease accordingly;
- • in order to speed up the process, the time for filing an eviction application with a Spanish court has been reduced from two months to one month from the time the landlord has asked for the payment of any outstanding amount.
The new legislation on tenant eviction in Spain
Under the current Law 37/2011, a court notice is sufficient for the tenant to be evicted. The law also provides for the procedure to be conducted verbally in order to simplify the procedure. Under the new legislation, the eviction process takes no more than 15 days to complete. Our team of lawyers in Spain can assist you in litigation cases related to real estate properties.
More importantly, those who want to rent a property in Spain should know that the latest modifications of the legislation are now ruling in the favor of the landlord as from a historical point of view, Spain used to apply pro-tenant regulations. The interests of the landlord are now also covered under the Law 4/2013 – the Measures to Increase the Flexibility and Foster the Rental Market.
What are the steps for tenant eviction in Spain?
The first step towards tenant eviction is the notification of the renter. If the tenant fails to pay or to respond to the notice, the landlord is then entitled to file a petition with the Spanish court in order to obtain an eviction order. The tenant will be granted a 10-day grace period in order to pay the debt and in case of failure, the eviction order will be carried out.
If you need information concerning the legislation on property, do not hesitate to contact our law firm in Spain. Our attorneys can also help you rent or purchase real estate in Spain and can assist with legal advice on the provisions that have to be included in a rental agreement in this country.