Tenant Protections Against Eviction in Spain
If you are a tenant in Spain facing an eviction procedure for nonpayment or contract termination, you have rights and concrete steps to try to keep your home. This guide explains clearly which special protections may apply, what documentation to gather, how to respond to notices and when to request provisional measures or legal advice. You will find practical instructions to prepare evidence, act within legal deadlines and communicate with the landlord or the court. You do not need to be an expert: here we guide you in plain language and real examples so you can claim your rights and make informed decisions throughout the process.
What are special protections?
Special protections are legal or administrative measures that can delay or prevent an eviction when circumstances like economic vulnerability, social emergency or habitability problems occur. Some of these measures are based on the Law on Urban Leases and on judicial decisions that regulate deadlines and remedies.[1]
Common examples
- Extensions or moratoria on deadlines to find alternative housing (deadlines time).
- Protections for nonpayment when there are causes of economic vulnerability (nonpayment rent).
- Measures when eviction is due to lack of habitability or necessary repairs (habitability repair).
To invoke a protection you will need to gather documentation proving your situation: rent receipts, communications with the landlord, social or medical reports and photographs or certifications about the dwelling. Presenting all evidence in an organized way improves your options in administrative or judicial venues.[2]
Frequently asked questions
- Can I stop an eviction for nonpayment if I prove economic vulnerability?
- In some cases yes; it is necessary to provide supporting documentation and request urgent measures in court or seek administrative mediation according to applicable regulations.
- What deadline do I have to respond to an eviction claim?
- Deadlines vary depending on the procedure; it is essential to review the notification and seek legal guidance to act within the indicated term.
- Who decides if a moratorium or extension is appropriate?
- The competent court or administrative authority can agree measures depending on the regulation and the evidence presented.
How to file a claim
- Gather documentation: contract, receipts, communications, social or medical reports and photos (document evidence).
- Contact guidance services, lawyers or free legal aid to assess options (contact help).
- Submit a written statement or file a claim in the Court of First Instance or request provisional measures to halt the eviction (file submit).
- Attend the hearing, present evidence and follow the court's directions until resolution (court hearing).
Help and resources
- BOE - Official State Gazette
- Ministry of Justice - Procedural Information
- Judicial Branch - Information and offices
