The Rules for Evicting Tenants in Spain

Published on 14/09/2011 in Renting Your Property

The Spanish congress has recently passed a law encouraging the leasing of properties on the part of owners by making the eviction process much easier. Amongst other things, the new law speeds up the judicial process the owner is faced with when seeking an eviction or payment of rent due.

The new process foresees the possibility of a direct execution of an eviction order in a period of time not longer than 15 days and without any other formalities in the case of tenants who do not voluntarily leave the property in the stipulated time.

The most important points of this new law are:

1. Reduction of the applicable time periods.

The time period for filing an eviction application has been reduced from 2 months to 1 month from the point where the landlord formally requests payment of outstanding rent. This eviction application can be avoided however if the tenant makes good any outstanding amounts in this time.

Law in Spain2. Rapid execution of the eviction order

A court sentence is now sufficient for the execution of the eviction on the day and at the time stipulated in the sentence.

3. Verbal Court Case

The new law also means that all actions, both the eviction itself as well the claiming of outstanding rent can now be carried out verbally (i.e. without the need for additional documentation). This will allow for the passing of a court sentence in as little as 5 days.

The law always provides that in certain cases the landlord will under certain circumstances no longer be necessarily bound to a minimum contract of 5 years. The cases in which he or she can rescind the contract now include if he or she needs the property for his or her own personal use extended also to the use of the property by his or her parents, children or spouse (in the case of divorce for example).

These limitations must be expressly indicated in the rental contract however. If however on application of this clause for personal use, the property has not been reoccupied for the stated purpose, the landlord is obliged to return the use of the property to the previous tenant and to indemnify him or her for expenses occurred in seeking alternative accommodation.

Once again, such conditions should be expressly stated in the rental contract itself, not least to ensure their rapid execution in the case of non fulfillment.

Written by: Thomas Leacy

About the author:

The author provides a service helping foreign nationals to set-up businesses in Spain and to get the appropriate legal, business and accounting assistance they require. To find out more click on the link - Lawyers Madrid;Accountants Madrid




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Comments:

jennifer wilson said:
06 September 2012 @ 22:12

we have tenants in our residential apartment who have THREE dogs when i stipulated NO pets residents say it is a nightmare trying to slepp how can i get rid of them befor contract is up !


Carol said:
24 September 2011 @ 15:55

As in all cases, the theory is great but
the application of it will probably be just
as slow as ever in the courts. The
tenants to be evicted know all the dodges
and can manage to drag it out for a
couple of years in many cases. Then
disappear without paying a cent, and
after having deliberately trashed the place
before finally leaving!!

Just look at how the express judgements
of people in arrears with community
payments have just not happened.


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