What to do when you cannot pay the rent

Terms used

• Burofax — A burofax is a certified letter sent through Correos that proves the content sent and the date it was received.
• Empadronamiento — Empadronamiento is your registration as a resident at your address, certified by your town hall.
• Enervación — Enervación is stopping an eviction by paying all the arrears before the hearing.
• Lanzamiento — A lanzamiento is the forced eviction carried out after a court judgment.
• Gran tenedor — A gran tenedor is a landlord who owns many homes and faces extra steps before suing.

Key rules

• Written notice: Tell your landlord in writing that you cannot pay, and keep paying what you can.
• Evictions: Only a court can order you out; locks, cut utilities or removal by the landlord are illegal.
• Claim timing: A landlord can sue as soon as a payment is overdue, with no waiting period.
• Stopping eviction: Paying all arrears before the hearing can stop it, generally only once.
• Court claim: Court claim: Reply within 10 working days of being served, not counting weekends and holidays. The full steps are in "You have received eviction court papers: your first days".

Act early and put it in writing

Tell your landlord before the due date, or soon after, that you cannot pay in full. Do it in writing. A written message creates a record that you acted in good faith and made a proposal.

It does not suspend your duty to pay. Keep paying whatever you can.

The best channel is a burofax with certified content and acknowledgement of receipt, sent through Correos. It proves what you sent and when. Also send the same message by email or WhatsApp, and keep the landlord's replies.

Your message should:

• name the lease and the property;
• state the amount owed and the reason (job loss, illness);
• propose a concrete plan, such as partial payments, a date or a deferral;
• attach proof of your hardship.

Keep copies of everything and every payment receipt. A template for the plan message is below.

Get the plan signed

A written agreement to defer or restructure what you owe is valid. While the landlord respects it, a claim for the deferred sums can be met with the defence that the money is not yet due.

Whether the landlord gives up the right to end the lease over the old arrears depends on the wording. Only an agreement that says so clearly is certain. Write down the amounts, the dates, whether the landlord waives eviction for the old arrears, and what happens if you miss a payment. Both of you should sign. Have a lawyer review it if you can.

If you break the plan, the landlord can usually sue for the unpaid amounts and for ending the lease over the new default.

Ask for social help

Book an appointment (cita previa) with your town hall's social services or housing office. Bring your lease, proof of income, your empadronamiento certificate and your arrears documents.

• Social services assess your situation, can give emergency help, and can issue reports used in court.
• Housing offices, municipal or regional, can offer mediation with your landlord and information on rent aid.
• Regional rent subsidies and state housing plan aid exist, and some regions have aid for rent arrears. Names, calls and eligibility vary by region and year.
• Free legal aid (justicia gratuita) is available through the Colegio de Abogados. Many cities also have a legal guidance service.
• Anti-eviction and mediation services, and the Defensor del Pueblo or your regional ombudsman, are further options.

What the landlord can and cannot do

Missing rent breaches your main obligation. The landlord can ask a court to end the lease and can claim the arrears plus legal interest and any late-payment terms in your contract. Some leases have extra clauses on interest or use of the deposit, so read yours.

Nothing is automatic. The landlord cannot change the locks, cut utilities or remove you. Only a court judgment ending in a forced eviction (lanzamiento) can do that.

When a claim can start

There is no waiting period. The landlord can file a claim as soon as a payment is overdue, and even one missed payment can in theory be enough. Courts look at the facts.

A formal payment demand, usually by burofax, is not needed to sue. It is common in practice, but it works against you. If your landlord demanded payment at least one month before filing the claim and you did not pay, you can no longer stop the eviction by paying the arrears.

Landlords that own many homes (gran tenedor) face extra steps. They must show they tried mediation or negotiation and must say whether you are vulnerable. These requirements have changed recently, so ask a legal adviser what applies now.

Claims are filed with a lawyer and a procurador. Court fees are exempt for individuals. Rent that falls due after filing can be added to the claim until judgment.

If you receive a court claim

Respond within 10 working days of being served, and ask for free legal aid straight away. Paying all the arrears before the hearing can stop the eviction (enervación). This generally works only once.

If you are moving with a job loss behind the problem, see the section below on losing your job.

Choosing between options

Should you get a signed payment plan or just pay the arrears when you can?

• Pay all the arrears in one go: You can raise the full amount quickly, for example before a hearing. This can stop the eviction, but it works only once, so don't count on it a second time.

• Keep paying what you can without an agreement: The landlord refuses a plan. This shows good faith but does not stop the landlord from suing, which can happen as soon as a payment is overdue.

A plan protects you from eviction over the old arrears only if it clearly says the landlord waives that right. If it is silent, treat the landlord as still able to sue.

Timeline and deadlines

• Landlord can file an eviction claim: as soon as a payment is overdue; no waiting period

• Respond to the claim: within the deadline on the court papers, counted in working days from being served; check the papers for the exact date

• Rent that falls due after filing is added to the claim: until the judgment

• Pay all arrears to stop the eviction: before the hearing, only once per lease contract, and not if you ignored a formal demand sent at least a month before filing

Documents you need

• Your rental contract, to show the terms and the rent due.

• Proof of your income, for social services or the housing office.

• Your empadronamiento certificate (proof you are registered at the address), from your town hall.

• Documents showing what you owe, such as receipts and any messages or letters about the arrears.

• Proof of the hardship behind the missed rent, such as a dismissal letter or a medical report, to attach to your message to the landlord.

• Copies of everything you send the landlord and your payment receipts.

Checklist

• Send it by burofax with certified content and acknowledgement of receipt, so you can prove what you sent and when.

• Name the lease and property, the amount owed and the reason, and propose a concrete plan with dates.

• Attach proof of your hardship and keep paying what you can.

What to watch out for

• One missed payment can be enough for a claim: Even a single missed payment can ground a claim to end your lease and recover the arrears plus legal interest, and any late-payment terms in your contract. Courts look at the facts, but do not wait. Contact your landlord in writing straight away and propose a plan.

• Ignoring a court claim: If you do not respond within 10 working days of being served, the court ends the lease and sets an eviction date without a hearing. Respond within the deadline and get legal aid as soon as the claim arrives.

• Stopping the eviction by paying works only once: Paying all the arrears before the hearing can stop a non-payment eviction, but this only works once per lease contract. If you fall behind again under the same lease, paying will not stop the second case. Do not use up this option lightly. Keep paying on time afterwards.

• Illegal pressure from the landlord: A landlord cannot change the locks, cut utilities or remove you or your belongings without a court judgment and court-ordered eviction. If this happens, call the police and ask the town hall's housing or legal service for help.

What if you lose your job and the rent is due?

You have 15 working days to apply for paro, so start there. Then talk to your landlord, then go to social services. Do all three in the first weeks, even if you still have savings.

Week 1: apply for paro

• Apply for unemployment benefit (paro) within 15 working days of the day your job ended. Late applications lose days of benefit.
• Register as a jobseeker first. Then apply to the state employment service online with a digital ID, or by phone or appointment.
• You usually qualify if you lost the job involuntarily and paid at least 360 days of Social Security contributions in the previous 6 years. Check whether the way your job ended gives you the right to paro.

Weeks 1 to 2: talk to your landlord

• Tell your landlord before you miss a payment, not after. Landlords often prefer a plan to a court case.
• Put an offer in writing. It should include:
  • your names, ID or NIE numbers and the property address;
  • the lease and its date;
  • the exact amount owed (months and total) and the current monthly rent;
  • an initial payment, then fixed instalments with amounts and dates;
  • a promise to pay the ongoing rent on time;
  • how you will pay (bank transfer to a named account);
  • the start and end dates of the plan, and what happens if you miss a payment;
  • a line saying the landlord will not start, or will pause, legal action while you keep to the plan;
  • the place, the date and both signatures.
• Send the proposal in a way you can prove, such as a burofax or an email with acknowledgment.

Weeks 1 to 3: go to social services

• Ask for an appointment (cita previa) at your town hall's social services. They assess your situation, can give emergency aid for rent or utilities, and can write reports that help you in court.
• Bring the lease, proof of your income and job loss, your empadronamiento certificate and any papers about the rent you owe. You usually need to be registered at your address to get municipal aid.
• Ask about your regional rent subsidies and arrears aid. Also ask at the municipal or regional housing office, which can mediate with your landlord. Names, aid calls and eligibility differ by city and region.
• If your income is low, ask the local bar association about free legal help. Many cities also have a free legal advice service.

If the landlord goes to court

Tell social services straight away. In an eviction case the court contacts them, and a household that counts as vulnerable can ask the court to suspend the eviction while the authorities look for housing. This only works inside a court case, and the length of the suspension changes, so ask social services what applies now.

If you have nowhere to sleep that night, call 112 or your city's 24-hour social emergency line. Charities such as Cáritas and Cruz Roja can also help.

Template proposing a payment plan to your landlord

Send this as a burofax with certified content and acknowledgement of receipt, which you can request at Correos. It proves what you sent and when. You can also email or WhatsApp the same text as extra evidence. Keep a copy of everything, and keep paying whatever you can while you wait for a reply.

A proposal does not suspend your duty to pay. It does leave a written record that you acted in good faith and made a concrete offer.

The message

To: [landlord's full name] Address: [landlord's address] Date: [today's date]

Subject: Proposal to repay rent arrears, [address of the rental property]

Dear [landlord's name],

I am the tenant of the property at [full address], under the lease signed on [date of lease].

I am writing to tell you that I have fallen behind with the rent. At today's date I owe [total amount] euros, which covers [months or dates not paid]. The reason is [short, honest reason, for example: I lost my job on (date) / I have been ill since (date)]. I attach [proof, for example: termination letter, unemployment benefit statement, medical certificate].

I want to clear this debt and keep the tenancy. I propose the following plan:

1. From [month], I will keep paying the full monthly rent of [amount] euros on [day of the month] as usual.
2. I will pay the arrears of [total amount] euros in [number] monthly instalments of [amount] euros, on [day of the month], starting on [date] and ending on [date].
3. [Optional: I will make an immediate first payment of [amount] euros on [date].]

If you agree, I ask that we both sign a short written agreement that sets out the amounts and dates, and confirms that you will not seek to end the lease over these arrears while I keep to the plan. It should also say what happens if I miss a payment.

Please reply in writing by [date, for example 10 days from sending]. I am happy to meet or talk by phone to agree the details.

Thank you for your understanding.

Yours sincerely,

[your full name] [your ID or NIE number] [your phone number and email] [your signature]

Before you send it

• Fill every blank with exact amounts and dates. A vague offer is easy to ignore.
• Offer only what you can keep paying. Missing a payment under the plan can give the landlord grounds to sue for the unpaid sums and to end the lease over the new default.
• Attach proof of your situation, and keep the burofax receipt and the Correos confirmation of delivery.
• Ask the landlord to sign the agreement too. Whether accepting a plan means giving up the right to evict for the old arrears depends on the exact wording, so have a lawyer or a tenants' advice service read the final text before you sign.

Frequently asked questions

Can my landlord sue me the day after I miss a payment?

Yes, there is no waiting period, and the landlord does not have to send a formal demand before suing.

Does a written payment plan stop the landlord from evicting me?

Not automatically, because a signed plan only clearly blocks eviction for the old arrears if it says the landlord waives that right. A signed plan means the deferred sums are not yet due. If you break the plan, the landlord can usually sue again.

Does my landlord have to try to negotiate before suing?

If your landlord is a large holder (a company or owner of many homes), yes: it must show it tried mediation or negotiation, and say whether you are vulnerable. A small private landlord does not have to.

Where can I get free legal advice?

Ask the Colegio de Abogados (the local bar association) for free legal aid (justicia gratuita). Your town hall's social services can also point you to local mediation.