The development of the Spanish economy has led to an increasing number of foreign citizens moving to the country to start a business or to work here. While some of them purchased their own places, the rentals market has also expanded. With its expansion the number of tenants reaching a point in which they could no longer afford to pay the rent has also risen. This is why several years back the Spanish Congress has passed a new law which makes the tenant eviction process easier. Tenant eviction is the judicial procedure under which a landlord has the right to evict a tenant for not paying their rent. While for debts below the sum of 900 euros 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.
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. Also, in order to speed up the process, the time for filing an eviction application with a Spanish court has been reduced from 2 months to one month from the time the landlord has asked for the payment of any outstanding amount. 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 lawyers in Spain can assist you in litigation cases related to real estate property.
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 about 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.