Payment plans for tenants in Spain

If you are a tenant in Spain and you have unpaid rent, negotiating a payment plan can avoid court and protect your right to housing. This text explains practical steps: how to propose a payment schedule, what documentation to gather, when to request mediation and how to present written agreements the landlord can accept. It also covers legal deadlines, what to do if a lawsuit for eviction arrives and when it is necessary to go to the Court of First Instance^[2] or seek free advice. The guide uses clear language so any tenant understands options, obligations and risks before signing or rejecting an agreement.

What is a payment plan?

A payment plan is a written agreement between the landlord and the tenant to split overdue rent. It is supported by the Urban Leases Act when it affects basic rights and can have effects in eviction proceedings.^[1]

How to negotiate a payment plan

Before proposing, prepare a realistic offer and documentation that proves your financial situation.

1. Review the contract and deadlines (deadline) to respond if summoned.
2. Propose a written payment schedule (payment) detailing amounts and dates.
3. Gather receipts, payslips and photos as evidence (evidence) of your situation.
4. Submit the proposal formally and request mediation or negotiation (file).
5. If a lawsuit arrives, respond and go to the Court of First Instance (court) to present the agreement.
6. Keep all receipts and communications after each payment as proof (receipt).

Key documentation

Include contracts, receipts, written communications and proof of income. Keep digital and physical copies.

• Signed lease agreement (file) and any addenda.
• Receipts and bank statements showing payments or lack thereof (evidence).
• Communications with the landlord or manager, including calls and messages (support).

FAQ

Can the landlord refuse a payment plan?

There is no general legal obligation forcing the landlord to accept, but a mutual written agreement is valid and can avoid proceedings.

What if there is already an eviction lawsuit?

You should present the proposal and documentation in the response to the lawsuit and, if appropriate, request suspension measures or mediation in the Court.^[2]

Is free advice available for tenants?

Yes, municipal offices and legal guidance services can help prepare proposals and documentation.

How to make a payment plan

1. Make a realistic calculation of what you can pay each month.
2. Set clear dates and amounts in a document signed by both parties.
3. Include clauses on what happens if you default and how to notify missed payments.
4. Sign and keep copies; request receipts for each payment made.

Key takeaways

• Negotiating in writing protects tenants and landlords.
• Meeting deadlines reduces the risk of eviction.
• Documenting payments and communications is essential as evidence.

Help and Support / Resources

• Consolidated text LAU (file)
• Civil procedure and eviction information (court)
• Poder Judicial information (support)

1. [1] BOE - Consolidated text of the Urban Leases Act
2. [2] Ministry of Justice - Civil procedures and evictions