Renting out a property in Spain can be a reliable source of income, but it also carries a degree of risk.
Housing laws are infamously pro-tenant and while they are designed to protect the most vulnerable, they can be abused by those looking to take advantage.
Below are the steps to take when your tenant stops paying rent.
Establish whether it’s a delay or a refusal to pay
Before taking formal action, experts recommend starting with a conversation.
A polite, direct exchange may clarify whether the tenant is simply experiencing a temporary setback or if there is a deliberate refusal to meet their obligations.
If excuses become repetitive, deadlines pass without payment, or the tenant clearly states they will not pay, it is time to move to the next stage.
Send a formal demand for payment
The standard procedure is to send a burofax, which is a registered letter that formally requires the tenant to settle the outstanding rent within a specified period.
This document is crucial because it serves as evidence in court and prevents the tenant from stalling the eviction by paying at the last minute without covering accumulated costs.
File for eviction if the situation does not improve
When the tenant continues to ignore their obligations, the only remedy is to initiate judicial eviction proceedings for non-payment.
A lawyer and a court representative (procurador) must sign the claim, which includes both the request for eviction and the recovery of the debt.
Once accepted by the court, the tenant has 10 days to present objections. If they do not respond, the judge will automatically rule in favour of the landlord.
Recovering the unpaid rent
After the eviction is carried out, landlords may pursue the outstanding debt through a separate enforcement process.
This can involve the embargo of bank accounts, salary deductions (if the tenant is employed), or seizure of other assets. The process requires filing an enforcement claim with the court.
How much does an eviction cost and how long does it take?
The cost varies depending on legal fees, but typically around €700.
Timelines, however, are harder to predict. On average, an eviction for non-payment takes six to eight months, though delays in overloaded courts mean some cases can exceed a year.
When can a landlord legally terminate a tenancy?
Under the Ley de Arrendamientos Urbanos (LAU), landlords can end the contract if any of the following apply:
- Persistent non-payment of rent
- Unauthorised subletting
- Carrying out works without permission
- Intentional damage to the property
- Nuisance behaviour or illegal activity
- Refusal to leave after contract termination
While legal channels exist to address non-payment, the reality is that the process can be slow and costly, leaving many property owners feeling unprotected.
For landlords, acting early, documenting every step and seeking legal advice remain crucial.
