Eviction for unpaid rent in Spain: tenant rights
If you are a tenant in Spain and receive a notice of eviction for unpaid rent, it is important to know the stages of the process, the legal deadlines and your rights to defend yourself. This article explains clearly what happens from the payment demand to the hearing in the Court of First Instance, which documents you should gather, which remedies and deadlines you must respect and how to present evidence that supports your defense. It also includes practical steps to respond to a claim, request aid or mediation and where to find official information. It is aimed at people who are not legal experts, using accessible language and practical advice for each stage of the procedure.
What is an eviction for unpaid rent?
An eviction for unpaid rent is the judicial procedure initiated by the landlord when the tenant stops paying the rent. To claim, the landlord usually sends a prior demand and, if there is no agreement, files a claim before the Court of First Instance. Deadlines and formalities are regulated by the Urban Leases Act and the Civil Procedure Act.[1]
Main stages and deadlines
- Payment demand by the landlord.
- Filing of the claim and its admission by the court.
- Summons for the tenant to respond and possible hearing.
- Judgment and, if applicable, order for eviction to execute the expulsion.
What documents to gather
Gathering clear evidence makes your defense easier: lease agreement, payment receipts, transfer proofs, communications with the landlord, photos of the dwelling and any document proving agreements or incidents. If you have applied for aid or payment deferrals, include those applications and responses received.[1]
- Lease agreement and annexes.
- Receipts, transfers and payment proofs.
- Written communications with the landlord.
- Evidence of habitability issues or problems affecting the use of the home.
How to defend your rights
When you receive the claim, you must respond in writing within the deadline indicated. In your response you can state reasons (errors in amounts, partial payment, prior agreements or habitability problems) and attach the documentation you have. In some cases it is possible to request interim measures or alternative remedies such as mediation. Also check channels for free legal aid if you meet the requirements and the Ministry of Justice guides on civil procedure.[2][3]
Frequently Asked Questions
- Can I be evicted immediately for nonpayment?
- No; eviction requires a judicial process: first the claim is filed, then there is a period to respond and, after the hearing and the judgment, the eviction may be ordered.
- How long do I have to respond to a claim?
- The court sets a specific deadline in the summons; it is essential to respond within that deadline so as not to lose the opportunity to argue and present evidence.
- What evidence is most useful?
- Contracts, payment receipts, written communications, photographs and any document proving agreements or incidents in the dwelling are key.
How-To
- Gather the lease, receipts and relevant communications.
- Respond to the claim in writing stating your arguments and attaching evidence.
- Seek free legal assistance if eligible or consult a specialized lawyer.
- Consider mediation or negotiation to avoid eviction.
- If there is an adverse judgment, check appeal deadlines and social support options.
Key takeaways
- Always answer the claim within the indicated deadline.
- Gather and organize all proof of payment and communications.
- Seek legal advice or mediation before the hearing.
Help and resources
- [1] Urban Leases Act (BOE)
- [2] Civil Procedure Act (BOE)
- [3] Ministry of Justice - Information on civil procedures
