Eviction Timelines for Tenants in Spain
If you are a tenant in Spain facing an eviction notice for non-payment or the end of a contract, it is important to understand the legal phases and deadlines that apply. This article explains clearly the steps from the prior payment demand, the eviction claim before the Court of First Instance, to enforcement and eviction. We also detail deadlines to file defenses, request suspension or negotiate a payment agreement, and what documents to gather to protect your rights. The guide uses official sources and offers practical guidance so you can make informed decisions and act within legal timeframes in Spain.
Stages of eviction for non-payment
The procedure usually follows several stages: prior claim and demand for payment by the landlord; filing of the claim and court summons; the response and evidence phase; and, if the owner obtains a favorable ruling, enforcement and eviction. These stages are handled by the Court of First Instance and are governed by rules such as the Urban Leases Act and the Civil Procedure Act[1][2].
Respond to any court notification within the deadlines indicated.
Prior demand and documentation
Before going to court, the landlord normally sends a demand to claim unpaid rents. Keep all correspondence, receipts and payment proofs: they will form the basis of your defense or negotiation.
- Respond in writing to any demand and request confirmation of receipt.
- Keep receipts, transfers and messages that prove payments or partial agreements.
- Contact the landlord or their representative to try to reach a payment agreement before a claim is filed.
Keeping receipts makes it easier to defend yourself in an eviction process.
Claim and judicial proceedings
When the landlord files the claim, the Court notifies the tenant to respond. Procedural deadlines are short and vary depending on the type of process; it is common to have a limited time to submit defenses and evidence. If there is a joint claim for rents and eviction, both matters can be processed in the same procedure[2][3].
Key deadlines
- Deadline to respond to the summons: usually short (check the specific notification).
- Deadline to pay the debt after a demand: depends on the agreement or court order.
- Time until enforcement and eviction: varies depending on the court's caseload and any appeals filed.
Acting quickly with organized documentation improves your negotiation options.
Frequently asked questions
- What is eviction for non-payment?
- It is the judicial process that a landlord starts to recover the dwelling when the tenant does not pay the rent or breaches contractual obligations.
- How much time do I have to respond to the claim?
- Deadlines depend on the procedure and the notification; they are usually short (days or weeks), so it is advisable to review the claim and act as soon as possible.
- Can I negotiate installment payments to avoid eviction?
- Yes, it is often possible to negotiate an agreement with the landlord or request measures from the Court, provided there is willingness and supporting documentation.
How to act
- Gather all documentation: contract, receipts, transfers and communications proving payments or agreements.
- Carefully read the court notification and note the legal deadlines to respond.
- Request information and legal advice: contact local legal assistance services or the Bar Association.
- If possible, propose a written payment plan to the landlord and request it be formalized before the trial.
- If there is no alternative, prepare an orderly move: find alternative housing and keep proof of the handover of keys.
Key takeaways
- Act quickly: deadlines are usually short and missing them can limit your rights.
- Document everything: receipts and communications are essential evidence.
- Seek free legal advice if you cannot afford a lawyer.
Help and resources
- Access official provisions at BOE
- Ministry of Justice - information and services
- Poder Judicial - procedures and guidance
