Eviction Deadlines for Tenants in Spain
If, as a tenant in Spain, you receive an eviction claim for non-payment or contract termination, it is crucial to know the deadlines to challenge the action. To challenge (enervate) means to stop the eviction by paying the owed amount and meeting legal requirements within specific deadlines; doing so in time can prevent loss of your home and reduce costs. This article explains clearly and practically which deadlines apply, what documents to gather, how to notify the landlord and what steps to follow at court. You will find useful steps to pay, present evidence and prepare a defense, and official links to consult the Law on Urban Leases and judicial procedures in Spain.
What does enervar an eviction mean?
Enervar an eviction means, in simple terms, stopping the process by paying past-due rent and fulfilling pending obligations within the deadline set by law or the judge. For contracts governed by the Law on Urban Leases (LAU) specific deadlines often apply to offer payment and submit receipts[1]. If done correctly, the eviction may be nullified and the tenancy can continue under the agreed conditions.
Key deadlines for tenants
Deadlines vary depending on the reason for eviction and the procedural stage. Distinguish between pre-hearing deadlines and those handled at court. Pay attention to notifications and the calendar days specified in the claim to avoid losing the chance to enervate.
- Deadline to pay before the hearing: it is usually short and depends on the court's schedule.
- Deadline after service of the claim: check the final date to respond or provide evidence.
- Deadline to present payment receipts at trial: bring bank receipts and transfer confirmations that prove payment.
Documents and evidence you need
Gathering clear documentation increases the chances of enervation. Keep receipts, bank transfers, statements, written communications with the landlord and the lease agreement. Photos of the property's condition and any written agreements about payment plans are also helpful[2].
- Receipts and proof of payment for the owed rent.
- Lease agreement and written communications with the landlord.
- Bank statements or transaction records that show payments.
- Documents of prior agreements about installment payments or deferrals.
What to do at court
If the case is already at the Court of First Instance, go with all documentation and, if applicable, a payment proposal. In some cases the court allows enervation by receiving payment and verifying guarantees; it is essential to file proof within the deadline and, if you are unsure, request legal assistance or free advice at official legal services[3].
Frequently Asked Questions
- Can I enervate if the claim is for contract termination?
- Sometimes enervation only applies when there is an outstanding monetary debt; check the claim and applicable law.
- What deadline do I have to pay and submit receipts?
- Deadlines depend on the procedural stage and the court; review the notification and act quickly to provide evidence.
- Do I need a lawyer to try to enervate?
- It is not always mandatory, but legal assistance improves your chances and helps meet procedural requirements.
How-To
- Pay the owed amounts immediately, preferably by traceable means (bank transfer or deposit).
- Gather and copy all supporting documents: receipts, statements and the lease agreement.
- File the supporting documents at the court within the indicated deadline or give them to your lawyer to add to the case file.
- If there is a hearing, attend and inform the judge that you have paid and provide proof.
- If you have doubts, seek guidance from official legal services or free tenant assistance.
Key takeaways
- Act quickly: procedural deadlines are short and decisive.
- Keep proof of every payment and communication.
- Consider legal advice to present the enervation correctly.
Help and Support / Resources
- [1] BOE - Official State Gazette
- [2] Ministry of Justice - Procedures and services
- [3] General Council of the Judiciary
