Special Protections for Tenants in Spain
If you are a tenant in Spain and you are worried about an eviction for non-payment or contract termination, there are special protections that can suspend or delay the process and provide support routes. This guide clearly explains what rights you have, which deadlines to observe and which documents to gather to defend your home. It also points to official resources and practical steps —from claiming rental aid to requesting precautionary measures in court— so you can make informed decisions without being a lawyer. Keep copies of contracts, rent receipts and communications, and act within legal deadlines to preserve defense options.
What are special protections
Special protections are legal and administrative mechanisms that limit or delay eviction when causes such as economic vulnerability, suspension procedures or precautionary measures provided by Spanish rules exist, including the LAU and the Civil Procedure Act.[1]
In many situations, the tenant has rights that protect the dwelling from eviction.
When they apply
They can apply in different situations; you should know the most common ones and act quickly to keep defense options.
- Temporary non-payment due to income loss (payment).
- Contract expiration when rules on extension or tacit renewal apply (form).
- Situations of social vulnerability or risk of exclusion (safety).
- Evictions for illegal actions or in cases of retaliation for asserting rights (retaliation).
Keep all documentation organized and copies of payments.
What documentation to gather
- Receipts and proof of rent payments (payment).
- Lease agreement and annexes (document).
- Communications with the landlord: certified mail, emails and messages (mail).
- Documents proving vulnerability or social benefits (document).
Chronological documentation makes defense in court easier.
Deadlines and notifications
Eviction requires a judicial procedure with specific deadlines to submit briefs and evidence; it is essential to identify the notification date and respond within the term set by the Civil Procedure Act.[2]
Always respond within the deadlines indicated in the notification to preserve rights.
Practical actions
- Contact legal advisory services and social services (contact).
- Request precautionary measures or suspension of the eviction in Court by filing the appropriate petition (file).
- Request rental aid or subsidies from your city council or autonomous community if applicable (payment).
Seek free advice from municipal services or bar associations when possible.
Frequently Asked Questions
- Can I be evicted immediately for non-payment?
- No. Eviction requires a judicial procedure; until there is a final ruling and an eviction order the eviction cannot be executed. You must identify the notification and file your arguments within the corresponding deadlines.[2]
- What aid exists to avoid eviction?
- There are social aids, moratoria or rental subsidies managed by city councils and regions, as well as judicial remedies such as precautionary measures that can suspend an eviction.
- How much time do I have to prepare my defense?
- Deadlines vary depending on the notification and the type of procedure; that is why it is important to act as soon as you receive a requirement or claim and seek advice from a professional or public service.
How-To
- Gather priority documents: lease, rent receipts and communications with the landlord (document, payment).
- Contact free legal advice or social services to assess vulnerability and available aids (contact).
- File in Court the request for precautionary measures or the response to the claim within the deadline (file).
- Attend the hearing, present evidence and request suspension of the eviction if applicable (court, evidence).
Help and resources
- BOE - Consolidated text of the Urban Leases Act
- Ministry of Justice - Eviction procedure and forms
- Poder Judicial - Practical information on eviction and enforcement
