How to kick out a tenant who does not pay

If you own a property and your tenant does not pay you the monthly rent, you know that in Spain you have the possibility of expelling a tenant who does not pay, that is to say to end the rental contract and even to get it out of the property, through judicial process, the process of eviction. Remember in Spain, judicially, you can kick out a tenant who does not pay.

Steps to follow:


You must file a claim for eviction before the courts of the judicial district where the home is located. (article 52.1.7 LECivil).


The Court will admit the claim and will mark trial day and launch day and notify the tenant of the claim.


The demand will be notified to the tenant you want to cast, in the housing object of the process.


Enervation; the tenant can pay, before the trial, the income due and continue in the house (only can be done once) and it is he who must pay the procedural costs for having caused this situation and not the owner. (Article 22. 4 LECvivil)


In all other situations, the court will process it by the rules of the verbal trial, whatever the amount of the debt (article 250 LECivil).


The Judgment will be made.


There will be a Sentence: The law establishes that the sentence must be issued within 5 days from the day of the trial (article 447.1 LECivil).


The launching, that is to say, the day in which a judicial commission will force the tenant to leave the house, this one will have to be inferior to 1 month from the day of the judgment. (articles 703 and 704 LECivil).

  • The quicker you consult a lawyer, the cheaper the process will be and the faster you will be able to dispose of your home again, do not let time pass.