Rent arrears and eviction

It is for anyone planning, considering or carrying out a move to Spain, so you can know your options before a problem starts.

Start with "What to do when you cannot pay the rent". It shows you how to talk to your landlord and limit the damage. If you have already received court papers, go straight to "You have received eviction court papers: your first days", because the deadlines there are short.

Key rules

• Suspension length: An eviction suspension for economic hardship may last up to 12 months if the landlord is a company or owns more than 10 residential properties (or more than 1,500 m² of residential floor space).
• Response deadline: You must respond to an eviction claim within 10 working days of being served, excluding weekends and holidays.
• Paying to stop eviction: You can stop a non-payment eviction by paying arrears (enervación) only once per lease contract; a second eviction for non-payment cannot be stopped this way.
• If you do not respond: If you don't respond within the deadline, the court issues a termination decree and sets an eviction date without a hearing.
• No lockouts: A landlord cannot change locks, cut utilities or remove you or your belongings without a court judgment and court-ordered eviction.
• Written notice: Tell your landlord in writing that you cannot pay, and keep paying what you can.

Rent arrears and eviction: the whole process, step by step

From a missed payment to a court-ordered eviction

• Rent goes unpaid: talk to your landlord and look for help (What to do when you cannot pay the rent): As soon as you know you will miss a payment. A landlord can file a claim as soon as a payment is overdue, with no waiting period.

• Landlord files the claim in court (How eviction (desahucio) works step by step): Any time after a payment is overdue. Unpaid rent that builds up after filing can be added to the claim until judgment.

• You are served with court papers (You have received eviction court papers: your first days): After the court admits the claim. Note the date you received them, because your deadline runs from then.

• Respond: pay, oppose or leave (You have received eviction court papers: your first days): Within 10 working days of being served, excluding weekends and holidays. Asking for free legal aid before the deadline pauses the clock until a lawyer is appointed.

• Pay the arrears to stop the case (Paying arrears to stop an eviction (enervación)): Within the same 10 working days, or before the hearing. You can do this only once per lease.

• If you do not respond: the court ends the lease: After the 10 working days pass. The court issues a termination decree and sets an eviction date without a hearing. You still owe the debt (You have received eviction court papers: your first days).

• If you oppose: hearing and ruling (How eviction (desahucio) works step by step): The court sets a hearing date, then issues a judgment. You can appeal within 20 days, but an appeal usually does not stop the eviction.

• Ask for a suspension if your household is vulnerable (Eviction suspension for vulnerable households): Before the eviction date. Ask the court expressly to hold the date while it decides.

• Eviction date (lanzamiento): On the date the court sets and notifies to you, usually at least a week ahead and often several weeks. The whole process typically takes 3 to 12 months from filing, longer in big cities.

• If your landlord changes locks or cuts utilities at any point (Locks changed, utilities cut or harassment by your landlord): At any stage. A landlord cannot change locks, cut utilities or remove you or your belongings without a court judgment and court-ordered eviction.

Documents you may need

Identity and residence

• Your empadronamiento certificate — What to do when you cannot pay the rent

Income and work

• Proof of income — You have received eviction court papers: your first days, What to do when you cannot pay the rent

The home and the lease

• Your rental contract — You have received eviction court papers: your first days, What to do when you cannot pay the rent

Payments and receipts

• Copies of everything you send the landlord and your payment receipts — What to do when you cannot pay the rent

Other documents

• The social services report confirming your household is vulnerable — You have received eviction court papers: your first days
• Evidence of the number of people in the household — You have received eviction court papers: your first days
• Documents showing what you owe — What to do when you cannot pay the rent
• Social services report on your household's vulnerability — Eviction suspension for vulnerable households
• Written request to the court handling your case — Eviction suspension for vulnerable households

Each article lists the other documents it asks for, where you need them.

Rent arrears and eviction: questions that cross several articles

Can my landlord evict me after just one missed payment?

In theory yes: a landlord can sue as soon as a payment is overdue, though courts look at the facts. Only a court order can end in an eviction. Read "What to do when you cannot pay the rent" to limit the damage, then "How eviction (desahucio) works step by step".

Does a written payment plan protect me from eviction?

No, not automatically: a written plan only clearly blocks eviction over the old arrears if it says the landlord gives that up. A signed plan can mean the deferred sums are not yet due. Have a lawyer check the wording, and see "What to do when you cannot pay the rent".

Which public offices can help me while I am in arrears?

Start with social services at your town hall, which can assess your situation and write reports courts use. Housing offices offer mediation, and free legal aid is available through the bar association. Then read "Eviction suspension for vulnerable households".

If I can pay everything I owe, does that always stop the eviction?

No, paying all arrears before the deadline or hearing stops the eviction only once per lease, and not if the landlord formally demanded payment at least one month before filing. See "Paying arrears to stop an eviction (enervación)" and "You have received eviction court papers: your first days".

What are the main stages and who do I deal with at each?

The claim, your response within 10 working days, a hearing if you oppose, a judgment, then the eviction date. You need a lawyer and procurador to oppose, or free legal aid if you qualify. Read "How eviction (desahucio) works step by step" and "You have received eviction court papers: your first days".