How eviction (desahucio) works step by step

Terms used

• Demanda — The demanda is the claim your landlord files in court to start the eviction case.
• Requerimiento — The requerimiento is the formal court demand telling you to pay, oppose the claim or leave.
• Vista — The vista is the court hearing where you and your landlord present your cases.
• Sentencia — The sentencia is the court's final judgment on the case.
• Lanzamiento — The lanzamiento is the forced eviction carried out on the date the court sets.
• Enervación — The enervación is stopping a non-payment eviction by paying all the arrears owed.

Key rules

• Court order needed: Your landlord needs a court process to evict you; a letter or burofax alone does not make you leave.
• Response deadline: You have 10 working days from being served to pay, oppose or leave.
• Paying arrears: Paying arrears: If you owe rent, paying what you owe can stop the eviction, but this works only once during the same lease. Check the full conditions in the section on paying arrears to stop an eviction (enervación).
• Appeal: An appeal usually does not stop the eviction, so act quickly with a lawyer.

The short version

Your landlord cannot remove you with a letter, a burofax or the police. Eviction for unpaid rent needs a court case, and you have several chances to stop it or defend yourself. The most important moment is when you receive the court papers: the clock starts then.

The stages

1. Your landlord files a claim (demanda). This starts the case.
2. The court admits the claim. It sends you a formal demand (requerimiento) giving you three options: pay what you owe, oppose the claim, or leave.
3. You respond. You have 10 working days from being served, excluding weekends and holidays. Note the date you receive the papers and count from it.
4. What happens next depends on your choice.
   • If you pay everything owed, or the landlord accepts, the case ends.
   • If you oppose, the court sets a hearing (vista).
   • If you do nothing, the court declares the lease ended and sets the date of the forced eviction (lanzamiento).
5. Judgment (sentencia). After a hearing, the court issues its decision.
6. Appeal. You can appeal to the provincial court within 20 days of the judgment. An appeal usually does not stop the eviction, so talk to a lawyer quickly.
7. Lanzamiento. If you have not left, the court carries out the eviction on the set date with a judicial officer.

Stopping the eviction by paying

You can stop a non-payment eviction by paying all the rent and other amounts due (enervación). You can do this once per lease. Pay the landlord directly or deposit the money in court, before the hearing or before your deadline to respond.

It will not work if:

• you already used it earlier on the same lease, or
• your landlord sent you a formal demand for payment at least one month before filing the claim, and you still did not pay.

Check whether either applies to you, and read the court notice, which gives your deadline.

How long it takes

Expect roughly 3 to 12 months from filing to the forced eviction. Many courts take 6 to 9 months. Big cities such as Madrid, Barcelona and Valencia can be slower. Delays come from serving notices, scheduling hearings and a backlog of judicial officers.

The eviction date

The court sets a date and time for the lanzamiento and must notify you formally. The notice is usually at least a week, often several weeks or more. The eviction can go ahead even if you are not there. Check the court's notice for the exact date, as it varies by court.

If you are in a vulnerable situation

In vulnerable cases the court can refer you to social services and may suspend the eviction for a period. These suspension rules and the rules for large landlords have changed recently, so ask the court or your town hall's social services what applies to you now.

What to do

• Keep every notice and note the date you were served.
• Decide within the 10 working days whether to pay, oppose or leave.
• If you oppose, ask the court for the hearing date.
• Get a lawyer early, especially for opposing or appealing. Free legal help may be available, and the quick answers below cover it.

Timeline and deadlines

• Your landlord files the claim (demanda) in court: Start of the process

• The court admits the claim and sends you a formal demand to pay, oppose or leave: After the claim is admitted

• Pay everything you owe, answer the claim, or leave: Within 10 working days of being served

• If you oppose, the court sets a hearing (vista): After you respond

• If you do nothing, the court ends the lease and sets the eviction date: After the 10 working days pass

• The court rules on the case (sentencia): After the hearing

• The forced eviction is carried out with the court's judicial officer, even if you are not there: On the date the court set, typically 3 to 12 months after filing, often 6-9 months

• If you are in a vulnerable situation, the case goes to social services and the eviction may be suspended: Before the eviction date; 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)

Checklist

• Note the date you were served the court papers and count 10 working days from it, leaving out weekends and holidays.

• Check whether you have already stopped an eviction by paying arrears on this lease; you can do it only once per lease.

• Check whether your landlord sent a formal demand for payment at least one month before filing; if so and you did not pay, paying arrears may no longer stop the case.

• Pay or deposit in court all the rent and other amounts due before the hearing or the response deadline if you want to stop the eviction.

• Ask the court for the hearing date if you oppose, and keep every notice you receive.

• Read the court notice of the eviction date and time, and check it for the exact date.

• Tell the court and social services if you are in a vulnerable situation, so they can look at suspending the eviction.

Quick answers about eviction in Spain

Does a letter or burofax from my landlord mean I have to leave?

No. A letter or burofax demanding payment is a private demand, not a court order. Only a court judgment, followed by an eviction carried out by the court, can force you out. Keep the letter, reply in writing and pay if you can, because it can fix the date of default and support a later claim for interest and costs.

Can the police remove me without a court order?

No. You can only be removed through a court-ordered eviction (lanzamiento), carried out by court officials. The police attend only to keep order or help enforce it. A landlord who removes you alone risks civil and criminal liability, such as coacciones (unlawful pressure or force).

Does being a foreigner change how an eviction works?

No. The same court procedure applies whatever your nationality or immigration status. You have the right to a defence and to an interpreter or translation if you do not understand the language.

Can I get free legal help if I am a foreigner?

Yes, if you meet the income criteria. Free legal aid (justicia gratuita) is open to foreign residents, and in some cases to people without papers when the case affects fundamental rights.