What to Do if Sued: Tenants in Spain
If you are a tenant in Spain and have received a court summons, it is normal to feel anxious. This guide explains in plain language what your rights are, the important deadlines, common defenses and alternatives to avoid eviction, such as negotiation or mediation. We guide you on which documents to gather, how to respond in writing and when to seek legal advice or free guidance services. We also explain which court to contact and which regulations usually apply, so you can make informed decisions and protect your home and your rights as a tenant in Spain. Acting quickly and documenting everything increases your defence options; take photos, keep messages and contracts. If you cannot pay a disputed debt, find out about possible payment plans or municipal aid that may give you time to negotiate.
What to do when you receive a summons
Read the summons calmly and note the deadline dates: it is crucial to respect procedural deadlines. The Law on Urban Leases and procedural rules set different situations depending on the reason for the claim, for example for non-payment or for recovery of the property.[1] If you do not understand any point, ask for help to explain it before making decisions.
- Note the deadline to reply or appear and set a reminder.
- Gather the contract, payment receipts, communications (SMS, email) and photos that prove the condition of the flat.
- Prepare the written reply or request advice to draft it within the deadline.
- Contact tenant guidance services, lawyers or bar associations if you need representation.
- Consider written settlement offers or payment plans before the hearing.
Respond to the stated deadlines to avoid losing rights.
Documentation and evidence
Organized documentation makes defence easier: signed contract, rent receipts, payment proofs, communications by written form and photographs of the property condition. If the claim alleges unpaid rent and you have receipts, submit them as evidence. If the claim involves habitability problems, keep reports, repair orders and communications to the landlord.
- Lease agreement and annexes proving agreed conditions.
- Receipts, transfers or invoices showing payments made.
- Photos and repair orders if the dispute is about habitability.
- Communications with the landlord (email, certified mail, messages) related to the conflict.
Procedure and court
In most cases, tenancy claims are processed before the Court of First Instance. The procedure and deadlines depend on whether it is a declaratory action, a payment order or an eviction for non-payment; therefore it is important to check the type of claim in the summons itself.[2]
- Identify the court that issued the summons and the date scheduled for the hearing.
- Respect the deadlines to file a reply or raise procedural exceptions.
- If a suspension or settlement is offered, request that it be put in writing and filed with the court if appropriate.
Frequently asked questions
- Do I have to reply to the summons if I don’t have a lawyer?
- Yes, you must respect the deadlines. You can request guidance from municipal services or bar associations and, if appropriate, file a basic reply presenting your evidence.
- Can they evict me immediately?
- Not necessarily; eviction requires a judicial process and deadlines. If the claim is for non-payment, there is the possibility of negotiating an agreement before enforcement.
- What happens if I was not notified of the summons?
- If you were not properly notified, you can raise that in the proceeding, but it is important to act as soon as you become aware to protect your rights.
How to do it
- Read the summons and note the exact deadlines to reply or appear.
- Gather the contract, receipts, photos and all supporting documentation.
- Draft and file the reply within the deadline or seek professional help.
- Contact guidance services, lawyers or free tenant assistance.
- Consider a written settlement offer if it prevents loss of the home.
Key points
- Acting within procedural deadlines improves your chances of defence.
- Documenting payments and communications is essential as evidence.
- Seek early advice, even from municipal services or official bodies.
Help and support / Resources
- BOE - Consolidated text of Law 29/1994, Urban Leases
- Ministry of Justice - Information for citizens
- Poder Judicial - Information and procedures
