The first 30 days when your tenant stops paying

Terms used

• burofax — A burofax is a formal letter sent through the post office that proves what you sent and when it was delivered.
• fianza — The fianza is the deposit, one month's rent, held by the landlord as security for the lease.
• nota simple — A nota simple is a short Property Registry extract showing who owns a property.

Key rules

• Demand timing: Send the burofax at least one month before filing the claim, or the tenant keeps the right to stop the case by paying.
• Insurer notice: Notify your rent-guarantee insurer after the first missed payment, following the notice period in your policy.
• Fianza: The fianza is one month's rent, and you return it within one month of getting the keys back.
• No self-help: Never change locks, cut supplies or enter the home without consent; only a court can evict.
• Defaulter files: You can list only an undisputed debt of at least 50 euros, after warning the tenant.

Tell your insurer first

If you have rent-guarantee insurance (seguro de impago), notify the insurer in writing before any legal action. Your policy sets the notice period, so read it today.

To claim, you need the policy in force with premiums paid, a tenant who passed the insurer's screening, and a lease that matches the insured terms. Follow the insurer's procedure exactly, because skipping it is a common reason claims are refused. You can make the claim once the tenant has missed the number of payments your policy sets. How unpaid-rent cover is bought and priced is in insurance for a property you rent out.

Secure your evidence

Start a folder as soon as the first payment is missed. A lawyer will ask for the same papers: the lease, bank statements showing the missed payments, a month-by-month statement of what is owed, and your messages with the tenant.

Send the demand by burofax

A burofax is a postal notice that proves what you sent, when, and whether it arrived. Correos keeps a copy of the exact content and gives you proof of delivery or failed delivery.

Your demand should include:

• your name, the tenant's name and the property address, with the lease date;
• the unpaid amount for each month and the total;
• a clear payment deadline and your bank details;
• a warning that you will go to court for eviction, the arrears, interest and costs if the tenant does not pay.

Have a lawyer read the wording before it goes out.

If you live abroad

A representative in Spain can send the burofax for you with your signed text, ID and written authorisation. Correos also offers online sending after an identity check; ask Correos whether it accepts your ID.

For the court case you give your lawyer and procurador (court representative) a power of attorney; the signing rules for each country are in signing a power of attorney for Spain from abroad.

Be careful with the fianza

At the end of the lease you can deduct unpaid rent, bills or damage. If you return the fianza late, it accrues legal interest. Do not use it early to cover missing rent without the tenant's agreement, because that invites a dispute.

Defaulter files

You can report the debt to a defaulter file only if it is certain, overdue and at least 50 euros, and at least 30 days have passed since you asked for payment. A wrongful listing can bring fines and damages. Many files accept data only from member companies, so you may need a service provider.

Partial payments

Taking a part payment does not by itself end your right to evict. Tell the tenant in writing that you accept it on account and state what is still owed. Put any payment plan in writing, signed by both of you.

If the demand fails

If the tenant has not paid after the month, your lawyer files the claim, as set out in Eviction for unpaid rent step by step (desahucio por impago).

Documents you need

• Burofax with certified text and acknowledgment of receipt, issued by Correos, with the delivery proof or failed-delivery proof attached to your copy of the text.
• Signed lease with any annexes or renewals.
• Proof that you own or may let the property: a nota simple or the title deed.
• Statement of rent due, month by month, with the payment history and bank statements showing the missed payments.
• Tenant's ID details and current address, plus emails or messages about the unpaid rent.
• For a rent-guarantee claim: the policy, the tenant's screening documents such as payslips, proof of unpaid rent and your demand notices.
• If you live abroad: the power of attorney for your lawyer and procurador, and a sworn translation of any document in a foreign language.