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When your tenant stops paying or won't leave

You will know the order of steps, the time and the cost of getting rent paid or your home back, and which route applies to your tenant.

Only a court can remove a tenant who does not pay or will not leave. Which route applies depends on whether the rent stopped, the lease ended, nobody ever had a contract, or a holiday guest overstayed.

4 articlesAbout 15 min of readingBuying property

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Pick the article that fits your situation

  1. The first 30 days when your tenant stops paying

    In the first month after the rent stops, tell your insurer, gather evidence and send a burofax demand before you go anywhere near a court.

    4 min read

  2. Eviction for unpaid rent step by step (desahucio por impago)

    Only a court can evict a tenant for unpaid rent. You run the case through a lawyer and a procurador, and the tenant has one chance to stop it by paying.

    4 min read

  3. A tenant who stays after the lease ends, or lives in your home without a contract

    How you remove the person depends on how they came to be there: an expired lease, no contract at all, or a break-in. Each has its own route.

    4 min read

  4. Holiday or seasonal guests who overstay

    A court removes most overstaying guests and seasonal tenants. The police act in narrow cases, and your contract type decides which claim you file.

    2 min read

About this topic

Key rules

  • Demand first: For unpaid rent, a burofax demand (a formal post-office letter that proves what you sent and when it arrived) comes before any court step.
  • Time: A court case takes 6 to 18 months or more from claim to the tenant leaving.
  • Self-help: Never change the locks, cut supplies or enter the home yourself.

Which route applies to you

  • The rent has stopped. Tell your rent-guarantee insurer, gather evidence and send the burofax demand: The first 30 days when your tenant stops paying.
  • The demand went unpaid. The tenant can stop the case once by paying; individuals pay no court fee: Eviction for unpaid rent step by step (desahucio por impago).
  • The lease ended and the tenant stayed, or the occupant never had a contract. You give notice or file a precario claim, the claim against someone living in your home with no right to be there: A tenant who stays after the lease ends, or lives in your home without a contract.
  • A holiday or seasonal guest will not leave. The contract type decides between the police and a court: Holiday or seasonal guests who overstay.
  • Someone broke into the home. That is squatting: Squatter, tenant or guest.

From abroad, a lawyer and a procurador in Spain act for you under a power of attorney, and you can send the burofax online through Correos (the Spanish post office) or through a representative in Spain.

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