Eviction process in Spain ► Tenant or squaters | Tejada Solicitors Blog ® (2023)

The judicial eviction process is quite simple, even if the claim for non-payment of rent is attached. You will need a lawyer and a solicitor, as well as having to provide proof of ownership and the lease (if it exists).

The eviction process – mainly regulated by Law 1/2000, 7 January, on Civil Procedure – undergoes the process of a verbal trial, which is simpler and quicker than the ordinary trial. Its rules are within different chapters of the Civil Procedure Act, referring to various issues such as territorial jurisdiction (Article 52.1.7), acts of communication (Article 155.3), future sentences (Article 220.2), the scope of the verbal trial (Article 250.1), rules for determining the amount (Article 251.9), acceptance (Article 21.3), enervation (Article 22.4), claim and processing (Articles 437- 444) and demand for enforcement (Article 549.3).

The reforms that the Civil Procedure Act has undergone in relation to evictions have been of different objectives. On the one hand, in recent times, the main modifications have been made to protect the right to housing for the most vulnerable families, and, on the other, to speed up the process of recovering possession of dwellings illegally occupied by squatters.

Depending on whether it is a contractual lease or an illegal occupation, the recovery procedure is very different.

Apart from the general regulation of the Civil Code, there are more specific rules such as the Urban Leases Act and the Rural Leases Act. Particularly important is the regulation of housing leases, contained in the Urban Leases Act, which provides greater protection for tenants, given the importance of the right to housing, which is enshrined in the Spanish Constitution (Article 47).

For example, according to the provisions of Article 9 of the Law on Urban Leases, at the time of termination of a residential lease, a tenant who fulfills his obligations cannot be evicted if they want to remain in the dwelling for a period of five years (seven years in the case of a legal person as landlord).

The eviction process in Spain can take several months, so it is a good idea to start as soon as possible. The process may be delayed for various reasons, such as the designated court’s workload or communication problems with the tenant. It is advisable that the landlord assumes the notice of the claim on the tenant, in order to avoid delays.

It should also be considered that families in a situation of economic vulnerability have the possibility of delaying the eviction, although it is still recommended to start the procedure as soon as possible.

Squatters usually watch the house before occupying it as they need to make sure that it is empty. In Spain, it is very common for homes belonging to banks to be occupied. Here are some basic tips to avoid these situations:

• Always have a contact person who can visit the house regularly, or who can help in the event of an attempted entry.
• Contact a friend to collect letters from the letterbox.
• Explore the possibility of installing a mechanism that allows you to turn on a light or raise or lower a blind, as well as installing security doors.
• Another possibility is renting out a property during the time that the property is not occupied by the owners.
• Installation of alarms with cameras connected to the police; the alarms that are connected to the police station allow the authorities to act in the event of an alarm without any type of judicial order.

Tejada Solicitor recommends that you consult your lawyer or tax advisor about the tax implications of having a rented property in Spain that is involved in eviction proceedings.