An eviction is a legal process that occurs when a person is forced to leave a property, usually due to non-payment of rent or breach of contractual obligations. In Spain, this process is regulated by a set of laws and rights that protect both landlords and tenants. In this blog, we break down the legal framework surrounding evictions, the procedures involved, and the rights of the parties involved.
What is an Eviction?
An eviction is a judicial procedure by which the owner of a property seeks the return of the premises from the tenant. The main causes of eviction in Spain are:
1. Non-payment of rent: the most common reason.
2. End of contract: if the contract has expired and the tenant refuses to vacate the property.
3. Breach of other contractual obligations: for example, unauthorised subletting or misuse of the property.
If you are under any of the above cases, we can help you with the preparation of a Power of Attorney given to one of our fellow lawyers in Spain for them to deal with the eviction process, wherever in Spain your property may be.
The Eviction Procedure: Steps to Follow
1. Extrajudicial claim: before going to court, it is advisable for the landlord to notify the tenant of their intention to resolve the situation amicably. This can be done via burofax or registered letter. If no agreement is reached, the next step is to initiate legal proceedings.
2. Eviction lawsuit: the landlord must file a lawsuit with the first instance court. The lawsuit will include the request for the return of the property and, in the case of non-payment, the outstanding rent. At this point, the tenant can avoid eviction by paying the debt (except in cases of eviction due to contract termination). Here is where a Power of Attorney becomes necessary.
3. Notification to the tenant: the court will notify the tenant of the lawsuit, granting them a 10-day period to present their defence or pay the outstanding debt. If the tenant takes no action within this period, a judgment will be issued in favour of the landlord.
4. Eviction: if the judge rules in favour of the eviction and the tenant does not voluntarily leave the property, a physical eviction will take place, during which the tenant is removed from the premises.
Tenant Rights
Although the eviction process may seem unfavourable for tenants, Spanish law grants them a series of rights:
1. Right to stop the eviction (enervation): In cases of non-payment of rent, the tenant has the option to settle the debt before a judgment is issued and thus avoid eviction. However, this right can only be exercised once during the contract period.
2. Right to a defence: The tenant can present their defence within the period granted by the court. This may include situations of economic or social vulnerability. If this were to be the case, our fellow lawyers in Spain will pursue your claim vigorously making use of the Power of Attorney granted by you.
3. Judicial extensions: In exceptional cases, such as the tenant’s economic vulnerability or the presence of minors or dependent persons, the court may grant extensions to prevent immediate eviction.
Recent Reforms in Eviction Law
In recent years, Spanish legislation on evictions has undergone significant changes to protect tenants in vulnerable situations. Some of the most recent include:
The 2023 Housing Law, which introduces greater protections for tenants at risk of social exclusion, such as the possibility of requesting reports from social services that could delay the eviction.
Suspension of evictions during the pandemic: As an exceptional measure during COVID-19, a temporary moratorium was introduced for evictions in cases of economic vulnerability, with effects that extended beyond the state of emergency.
Alternatives to Eviction: Mediation and Agreements
Before reaching the point of eviction, it is advisable for both landlords and tenants to explore alternative solutions to resolve the conflict. Some common alternatives include:
Mediation: through a neutral third party, both parties can reach an agreement without the need to go to court. This may include a payment plan for overdue rent or an extension of the contract under terms favourable to both parties.
Renegotiation of the contract: if the tenant is facing economic difficulties, it may be possible to negotiate a temporary rent reduction or deferment of payments.
Conclusion
Eviction is a complex and often distressing process for both the landlord and the tenant. However, understanding the rights and obligations of both parties is crucial for ensuring the process is handled fairly and transparently. Recent legal reforms in Spain have strengthened tenant protections, while still maintaining effective mechanisms for landlords to recover their property when necessary.
If you find yourself in an eviction situation and you live in the UK, you can count on Lopez & Moreno Associates who will prepare a litigation Power of Attorney in favour of lawyers in Spain so that they can commence legal proceedings in Spain to evict your tenant.
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