Dealing with evictions can be an extremely frustrating process, whether you are the one being evicted or if you are a landlord dealing with an uncooperative tenant. If you are dealing with an eviction in Spain issue, you can feel confident that Lusa Legal is on your side. We understand the rights and laws that govern both landlords and tenants and will make sure, no matter which side you fall on, that you are well protected.
What does Eviction Mean?
An eviction is a legal proceeding in which a tenant is forced to evacuate a property. It most often occurs when rent isn’t paid in full, however there are other reasons that may call for the eviction process to occur.
A landlord must first attempt to speak with the tenant regarding the issue at hand and try to obtain any funds that are owing. If the problem cannot be solved, an eviction lawsuit usually ensues after which the tenant is legally forced to leave the property and pay any outstanding amounts.
Different Types of Evictions in Spain
As mentioned there are many different reasons for eviction in Barcelona or in some other Spanish regions, some of the most common being:
- Express eviction/eviction for non-payment
This is one of the most common types of eviction in Spain. This type of eviction occurs when the tenant fails to, or refuses to, make payment on their agreed upon rental amount.
- Eviction at the end of a contract
This type of eviction is necessary when a tenant refuses to leave a property, even after the rental contract has ended.
- Eviction without a contract
Also known as desahucio por precario, this type of eviction is necessary when we allow someone to live in a property, without a contract and they refuse to leave. This type of eviction is most often seen when friends or family are permitted to reside in a dwelling and don’t leave when they are asked to.
Also referred to as unauthorized entry, this particular type of eviction is required when someone enters and lives in a home without the knowledge or consent of the owner.
Steps to the Eviction Process in Spain
There are a few important steps that must be followed in order to proceed with the eviction process. Following these steps correctly will ensure that the ruling works out in your favor and the court proceedings are as smooth as possible.
- Step 1: File a lawsuit with the court that is in the same jurisdiction as where the property is located.
- Step 2: The court will then set a date for the trial and the eviction.
- Step 3: The tenant will be notified of the lawsuit and will be given the following four options:
- The tenant must pay all of the rent that is owing within a 10 day period.
- The tenant can delay the payment until any time before the trial date as long as it is paid in full prior to the commencement of the trial.
- The tenant can oppose the payments and file a writ, consenting the the lawsuit taking place.
- The tenant can refuse to reply at all within the 10 day period, in which case the lawsuit is bypassed and the eviction is carried out immediately.
How Long Does the Eviction Process in Spain Take?
The eviction process in Spain can unfortunately be a lengthy one. There may be a delay in notifying the tenant of the lawsuit, or the tenant may delay the lawsuit as they seek out the counsel of an appointed lawyer. The entire process can vary greatly depending upon the individual circumstances however most eviction lawsuits can take anywhere from four to six month’s time.
If you’re dealing with eviction in Spain, Lusa Legal is here to help you navigate these confusing and uncertain waters. With our help, we can ensure that your eviction process goes quickly and smoothly, with as few delays and setbacks as possible. Contact us for details:
+34 605 33 60 90 (Send us a WhatsApp message, and we will reply as soon as possible)