Eviction Process in Spain — Legal Guide for Landlords (2026)

Fast Answer: Evicting a tenant in Spain requires a court order. The process begins with a formal payment demand (requerimiento de pago), followed by filing a demanda de desahucio at the competent court. The typical timeline is 6–18 months from filing to physical eviction, though cases involving vulnerable tenants can take significantly longer due to mandatory social services intervention. Squatter (okupa) situations follow a different and generally slower legal track.

Grounds for Eviction in Spain

Spanish law provides several legal bases for evicting a tenant. The applicable procedure depends on the reason for eviction:

Non-payment of rent (desahucio por falta de pago)

This is the most common ground for eviction. If a tenant fails to pay rent on the agreed date, the landlord may initiate eviction proceedings. There is no minimum arrears period required — even one missed payment creates a legal basis. However, the tenant has the right of enervacion (paying all arrears in full before the court hearing), which stays the eviction. This right can only be exercised once during the tenancy.

Expiry of the contract term

When the lease reaches the end of its mandatory term (5 years for individual landlords, 7 years for corporate landlords) and the subsequent tacit renewal period (up to 3 additional years), the landlord may decline to renew. The landlord must give the tenant 4 months notice before the contract end date. If the tenant refuses to leave, eviction proceedings are required.

Breach of contract

Other grounds include: subletting without authorisation, causing damage to the property, carrying out illegal activities on the premises, nuisance to neighbours, or making unauthorised structural modifications. Each ground must be substantiated with evidence.

Landlord need for own use

After the first year of the lease, the landlord may recover the property for personal use (or for first-degree relatives or spouse) with 2 months written notice. The landlord must genuinely occupy the property within 3 months — failure to do so entitles the tenant to return or claim compensation equivalent to one month rent per remaining year of the original contract.

The Legal Process — Step by Step

Step 1: Formal payment demand (burofax)

Before filing court proceedings for non-payment, the landlord should send a formal payment demand via burofax (certified communication with legal proof of delivery). This is not strictly mandatory for all eviction types, but it is practically essential for non-payment cases and provides critical evidence if the case reaches trial.

The burofax should specify:

• The exact amounts owed (rent, utilities, community fees if applicable)
• The payment deadline (typically 30 days)
• Notice that legal proceedings will be initiated if payment is not received

Step 2: File the eviction lawsuit (demanda de desahucio)

If the tenant does not pay or vacate, the landlord files a demanda de desahucio at the Juzgado de Primera Instancia (court of first instance) in the judicial district where the property is located. The filing must include:

• The lease agreement
• Proof of non-payment (bank statements showing no deposits received)
• Copy of the burofax and delivery confirmation
• Property documentation (nota simple, catastral reference)
• Power of attorney for the lawyer (procurador representation is mandatory)

Step 3: Court admission and tenant notification

The court reviews the filing and, if accepted, notifies the tenant. The tenant has 10 business days to respond. The possible outcomes at this stage are:

• Tenant pays all arrears (enervacion): The eviction is stayed — the tenant can remain (one-time right only)
• Tenant contests: A hearing is scheduled. This typically adds 2–4 months to the timeline
• Tenant does not respond: The court may issue a default judgment in favour of the landlord
• Tenant claims vulnerability: Social services are notified, triggering additional procedures

Step 4: Judgment and eviction date

If the court rules in favour of the landlord, a judgment is issued ordering the tenant to vacate. An eviction date (lanzamiento) is set, typically 30–60 days after the judgment. The tenant may appeal within 20 days, but the eviction generally proceeds unless the appeal court specifically orders a stay.

Step 5: Physical eviction (lanzamiento)

On the eviction date, a court official (comision judicial) accompanied by a locksmith attends the property. If the tenant has not vacated, the locks are changed and the landlord recovers possession. Any belongings left by the tenant must be stored for a period (typically 1 month) before disposal.

Timeline

Phase	Typical Duration	Notes
Burofax and waiting period	1–2 months	Allow time for delivery and response
Filing and court admission	2–4 weeks	Varies by court workload
Tenant notification and response	1–3 months	Includes 10-day response window + possible service difficulties
Hearing (if contested)	2–4 months	May be longer in busy courts (Madrid, Barcelona)
Judgment to eviction date	1–3 months	Depends on court schedule
Vulnerability procedure (if applicable)	+3–12 months	Social services intervention can significantly delay eviction
Total (uncontested, non-vulnerable)	6–10 months
Total (contested or vulnerable)	12–24 months

Costs

Eviction proceedings in Spain involve several cost components:

• Lawyer fees (abogado): €800–€2,500 for a standard non-payment eviction. Contested cases with hearings cost more
• Court representative (procurador): €300–€600 — mandatory for court proceedings
• Burofax: €25–€50 per communication
• Court fees: Generally exempt for natural persons in eviction proceedings since 2013 reform
• Locksmith (on eviction day): €100–€200
• Lost rent during proceedings: This is often the largest cost — 6–18 months of unpaid rent

The court may order the tenant to pay the landlord costs if the judgment is favourable, but collecting from a non-paying tenant is often impractical.

Squatter Situations (Okupas)

Squatting (okupacion) is legally distinct from tenant non-payment and follows different procedures:

Primary residence (morada habitual)

If squatters enter your primary residence (where you are registered and habitually live), this constitutes allanamiento de morada — a criminal offence. Police can intervene immediately to remove the squatters. The key is proving that the property is your habitual residence (empadronamiento, utility bills, neighbour testimony).

Second home or vacant property

For non-primary residences, the legal path is more complex:

• Criminal route (usurpacion): File a criminal complaint for usurpacion (Article 245.2 of the Penal Code). This is a minor offence with penalties of 3–6 months fine. Courts prioritise it below more serious crimes, so resolution can take 12–24 months
• Civil route: File a civil claim for recovery of possession. This can be faster in some jurisdictions but requires different evidence
• Urgent procedure (interdicto de retener/recobrar): If the occupation occurred recently (within 1 year), a special expedited procedure may be available

Prevention measures

• Install alarm systems connected to a security company
• Arrange regular property checks if the property is vacant
• Keep utility contracts active (a property with active utilities is harder to claim as abandoned)
• Consider anti-squatter insurance (increasingly available from Spanish insurers)
• Register with the local police as a property owner who is regularly absent

Court Procedures — What to Expect

The hearing (vista)

If the tenant contests the eviction, a hearing is scheduled before a judge. Both parties present evidence and arguments. The landlord should prepare:

• Original lease agreement
• Complete payment records showing arrears
• Burofax delivery confirmation
• Any correspondence with the tenant
• Witness testimony if applicable (e.g., property manager, neighbours)

Vulnerable tenant protections

If the tenant or their dependents are deemed vulnerable (based on income, family composition, disability or other factors), the court must notify social services before executing the eviction. Social services have a period to propose alternative housing. During this time, the eviction is suspended. This protection was strengthened by successive royal decree-laws through 2024–2025 and can add 3–12 months to the process.

Appealing the judgment

The tenant may appeal the eviction judgment within 20 business days. Appeals are heard by the Audiencia Provincial. During the appeal, the eviction may or may not be stayed depending on whether the tenant posts a bond. Appeal proceedings typically add 6–12 months.

Frequently Asked Questions

Can I change the locks if my tenant stops paying?

No. Changing locks, cutting utilities, or any other form of self-help eviction is illegal in Spain and constitutes coacciones (coercion) — a criminal offence. Even if the tenant is not paying, only a court-ordered eviction is legal. Landlords who take matters into their own hands risk criminal prosecution and civil liability.

What if the tenant claims to be vulnerable?

The court must assess the claim. If the tenant meets vulnerability criteria (income below certain thresholds, dependents, disability, or other recognised factors), social services are notified. The eviction is suspended while alternative housing options are explored. This does not cancel the eviction — it delays it until social services have responded or the statutory period expires.

Can I recover unpaid rent after eviction?

The eviction judgment typically includes a monetary award for arrears plus costs. However, collecting this amount from a tenant who could not pay rent is often difficult. Options include wage garnishment, bank account seizure, or property liens — but these require the tenant to have attachable assets.

How can I prevent tenant non-payment?

Prevention is always better than litigation. Recommended measures include: thorough tenant screening (employment verification, previous landlord references), requiring a rental guarantee insurance (seguro de impago de alquiler), requesting additional deposit guarantees within legal limits, and using a professionally drafted lease agreement. Why you need an independent lawyer for rental contracts.

Is the express eviction procedure still available?

The express eviction procedure (desahucio expres) introduced in 2009 remains in the law but has been effectively weakened by successive tenant protection measures, particularly the vulnerability assessment requirements. For non-contested, non-vulnerable cases, it can still provide a faster resolution (around 4–6 months), but contested or vulnerable cases follow the standard timeline.

Next Steps

If you are facing a tenant non-payment situation, a squatter occupation, or need to recover your property at the end of a lease, professional legal assistance is essential. Acting quickly and following the correct legal procedure gives you the best chance of a timely resolution.

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CostaLuz Lawyers regularly advises landlords on eviction proceedings in Spain.

Reviewed by María Luisa de Castro, CEO at CostaLuz Lawyers — specialist in Spanish property & landlord-tenant law — Updated 2026

This is general information, not definitive legal advice — every case requires individual analysis.

A deposit dispute is a different process from eviction — see our guide to how the fianza actually works.

Not every property manager problem is about a tenant — see our guide on what to do when your own property manager is mishandling your rent.

Eviction is the last resort — see our wider guide to tenant rights, notice periods and grounds for ending a contract under the LAU first.