Paying arrears to stop an eviction (enervación)

Terms used

• Enervación — The enervación is paying all arrears during an eviction case so the court ends the case.
• Requerimiento — The requerimiento is a formal written demand from the landlord to pay what you owe.
• Juzgado — The juzgado is the court handling your eviction case.
• Procurador — The procurador is the court representative who files documents and handles dealings with the court for you.

Key rules

• Once only: Paying to stop an eviction works once per lease.
• Deadline: Deadline: You can pay at any time before the hearing. Pay the landlord or deposit the money with the court.
• Full amount: A partial payment can be rejected, so pay everything due up to the day you pay.
• Proof: Payment only counts if you can prove it to the court.

Can paying stop the eviction?

Yes, in many cases. If your landlord has started an eviction case for unpaid rent, you can end it by paying everything you owe. This is called enervación. You must pay before the hearing, or before the deadline to respond to the claim. The court papers you received give your deadline.

When it does not work

You can stop a non-payment eviction this way only once per lease. If you already used it on this lease, a second eviction for non-payment cannot be stopped by paying.

It also fails if your landlord sent you a formal demand for payment (requerimiento) at least one month before filing the claim, and you still did not pay. Look through your mail and messages for any such demand and note its date.

What you have to pay

Pay all the rent and every other amount your lease makes you pay, such as utilities or community charges, that was due when the claim was filed. Add anything that falls due between the claim and the day you pay.

Default interest and the landlord's legal costs are generally not required to stop the case. Costs may be dealt with separately. Whether they must be included can be disputed, so ask a lawyer about your case before you pay.

How to pay

You have two options:

• Pay the landlord directly. You must then prove it to the court. Get a written acknowledgement from the landlord and keep your bank receipt.
• Deposit the money with the court. You pay into the court's deposit account and quote the case number. The court gives you the account details, so ask the juzgado, your lawyer or your procurador.

Then file the proof of payment with the court. If the payment is complete, the court declares the case ended.

If the landlord objects

The landlord can argue that your payment is incomplete, that you already used this option on the lease, or that they sent a formal demand a month or more before the claim. The court decides, usually at the hearing or in a ruling after hearing both sides. If it accepts the objection, the eviction goes ahead.

To make that less likely, pay the full amount, pay on time, and keep proof of everything.

Get legal advice quickly if you are close to your deadline.

Timeline and deadlines

• Check whether the landlord sent you a formal demand for payment before the claim: before you decide to pay

• File the proof of payment with the court: as soon as you have paid

• Wait for the court to decide if the landlord objects: at the hearing or in a ruling after both sides are heard

Documents you need

• Bank receipt or proof of payment showing the full amount paid, issued by your bank. Keep it and file it with the court.

• Written acknowledgement from the landlord that they received the payment. Needed if you pay the landlord directly rather than through the court.

Checklist

• Check that you have not already stopped an eviction by paying on this lease. It works only once per lease.

• Check that the landlord did not send a formal demand for payment at least one month before filing the claim.

• Pay the landlord directly, or deposit the money in the court's deposit and consignment account, quoting the case number.

• Keep all bank receipts and file proof of payment with the court.

What to watch out for

• Landlord can say your payment is incomplete: If you pay too little, the landlord can object and the court may let the eviction go ahead. Add up everything due, including amounts that fell due after the claim, and get a lawyer to check the figure before you pay.

• Earlier use or an earlier demand can block it: The landlord can object that you already stopped an eviction this way on the same lease, or that they formally demanded payment at least one month before the claim. If the court agrees, paying will not stop the eviction. Check your lease history and any earlier demand letters before paying, and tell your lawyer about both.

• Late or unproven payment does not help: Payment made after the hearing or response deadline, or without proof, may not stop the case. Pay before the deadline in your notice and file the receipt with the court straight away.

Frequently asked questions

Does it count if I pay the landlord directly instead of going through the court?

Yes, you can pay the landlord directly, but you must prove it to the court.

Do I have to pay interest and the landlord's legal costs too?

No, you generally only need to pay the rent and other amounts due, plus those falling due until you pay. Costs may be dealt with separately, so ask a lawyer about your case.

What happens if the landlord says my payment is not enough?

The court decides whether your payment was enough. If it agrees with the landlord, the eviction goes ahead.

Does a demand letter sent before the claim change anything?

Yes, if the landlord formally demanded payment at least one month before filing the claim and you still did not pay, you cannot stop the eviction by paying.