Non-payment insurance for tenants in Spain
As a tenant in Spain, understanding what a non-payment insurance covers and what it does not can make the difference between keeping your home or facing problems like unpaid rent and eviction procedures. This text explains in a clear and practical way which risks these policies typically cover, common exclusions, how they affect the lease agreement and what steps you can take if the landlord or insurer disputes a claim. We also review useful alternatives for tenants, what to document and how to seek official help in case of a dispute. The goal is to give you concrete and simple tools to protect your rights and avoid financial surprises.
What a non-payment insurance covers
Policies vary by company but usually include protection against loss of rent and certain costs associated with the procedure to recover the property. Rental regulation in Spain influences the rights and deadlines applicable to these cases[1].
- Payment of overdue rents to the landlord and compensation for unpaid amounts.
- Legal defense expenses and court costs related to eviction.
- Administrative management and the documentation needed to process a claim.
- Economic indemnities according to the specific terms of the policy.
What it does not cover
It is important to know common exclusions so you do not rely on coverage that the insurer will deny. Many policies exclude situations caused by the tenant or by breaches of contract.
- Intentional damage, illegal acts or serious breaches by the tenant.
- Unpaid rent resulting from unauthorized subletting or illegal assignment of the contract.
- Lack of maintenance, habitability repairs or damages prior to the contract.
- Deposits or guarantees that do not replace primary liability for unpaid rent.
What to do if the landlord claims
If you receive a claim for unpaid rent, act quickly: gather contracts, receipts and communications, inform the landlord in writing and request documentation about the policy. If there is a risk of eviction, the procedure is processed in the Court of First Instance and it is important to respect procedural deadlines[2].
Frequently asked questions
- Does non-payment insurance protect the tenant?
- Not directly: non-payment policies are designed to guarantee the landlord the rent and the costs arising from the procedure. However, as a tenant you can indirectly benefit if the management prevents immediate eviction.
- Can I buy one as a tenant?
- Generally the landlord or the guarantor contracts the policy, but there are alternatives for tenants, such as surety insurance or specific products aimed at protecting the tenant.
- What documentation does the insurer usually request?
- Lease agreement, payment receipts, communications between the parties and proof of collection attempts are usually required to process a claim.
How to
- Gather all documentation: lease, receipts, messages and relevant communications.
- Notify the landlord in writing and request the policy information and debt details.
- If no agreement is reached, consult a lawyer or advisory services and, if appropriate, start actions in the Court of First Instance[2].
- Consider alternatives: mediation, payment plans or seeking a solution with the insurer before going to trial.
Key takeaways
- Check who contracts the policy and what it covers before signing the lease.
- Document payments and communications: receipts are your best evidence.
- Seek official help and legal advice if there is a risk of eviction.
Help and Support / Resources
- [1] BOE — Consolidated text of the Ley de Arrendamientos Urbanos
- [2] Ministry of Justice — Information on civil procedures
- Poder Judicial — Guides and judicial procedures