You have received eviction court papers: your first days

Key rules

• Deadline: The 10 working days run from the day you actually received the notification.
• Lawyer: To oppose the claim you need both a lawyer and a procurador.
• Legal aid: Applying for free legal aid before the deadline suspends it until a lawyer is appointed.
• Paying arrears: Paying arrears: Paying the landlord, or depositing with the court, all the arrears claimed plus those built up to the day you pay, before the hearing, can stop the eviction. You don't have to add court costs. It works only once per lease.
• Debt: Even if the lease ends, you remain liable for the debt, interest and court costs.

Act now: you have 10 working days

You must respond within 10 working days of being served, excluding weekends and holidays. The count starts from the date you actually received the notification, so read the papers and write that date down today. A quick response, made through a lawyer, is what protects you from a default judgment.

What happens if you do nothing

If you don't respond within the deadline, the court issues a termination decree and sets an eviction date without a hearing. The lease ends, and you still owe the unpaid rent, interest and court costs. The landlord can then seek to seize assets and income to recover that debt. After the deadline you can often still negotiate or ask for mediation, but your legal options are limited.

Your four options

Within the deadline you can do one of these:

1. Pay all the arrears, to the landlord or by depositing it with the court. You need to cover everything claimed plus whatever has built up to the day you pay, and you must do it before the hearing. You don't have to add court costs for the payment to count. This can stop the eviction, but it works only once per lease.
2. Oppose the claim, giving your reasons. You need a lawyer (abogado) and a procurador to do this. You cannot write to the court yourself, and there is no exemption for small sums.
3. Leave the property. This ends the case. Agree it in writing first, so you are not left owing more.
4. Ask for free legal aid if you cannot afford a lawyer (see below).

You can pay or leave without a lawyer, but get advice before choosing. Opposing is the only option that needs both professionals.

If you can't afford a lawyer

Apply for justicia gratuita at the Colegio de Abogados or the court's legal aid service. If you file before the deadline ends, the time limit is suspended until a lawyer is appointed. If you are approved, you get a free lawyer and procurador. The income limit is tied to a yearly indicator and is higher for families, and some groups qualify regardless. Ask when you apply.

Alongside the legal response

• Work out what you owe and whether you can pay it all inside the deadline.
• Write to your landlord to try to agree a solution. Keep every reply.
• Go to social services at your town hall and ask for a vulnerability report and help. Also ask the housing office about mediation. If you are vulnerable, the court may be told and may suspend the eviction, depending on the protections in force. Ask social services what applies now.
• Stay in the home and keep your belongings protected unless you decide to leave.

The timeline, document list and checklist below set out the steps and what to gather.

Timeline and deadlines

• Read the whole notification and note the date you received it: the day you receive it

• Contact a lawyer, or ask for free legal aid at the Colegio de Abogados, which pauses the deadline until a lawyer is appointed: immediately, before the deadline runs out

• Gather your lease, receipts, messages and proof of income, and work out the arrears: in the first days

• If you do nothing, the court ends the lease and sets an eviction date without a hearing: after the 10 working days pass

Documents to gather for an eviction hearing

Documents to gather for court

• Your rental contract, with any annexes or renewals.

• Proof of payment: rent receipts, bank statements, and the deposit (fianza) receipt.

• Burofaxes, letters and messages between you and the landlord.

• The social services report confirming your household is vulnerable and that this is linked to your housing situation. Ask your town hall's social services for it.

• Proof of income: payslips, an unemployment benefit certificate from SEPE, a tax return, or a certificate showing you have no income.

• A household certificate (padrón) from your town hall, showing who lives in the home.

• Evidence of the number of people in the household, including children and any disabled or dependent members.

• Proof of what caused the hardship, such as a dismissal letter, medical records or a disability certificate.

Checklist

• Read the whole notification and write down the date you received it and your deadline of 10 working days.

• Contact a lawyer straight away, or ask for free legal aid (justicia gratuita) at the Colegio de Abogados, which pauses the deadline until a lawyer is appointed.

• Gather your lease, rent receipts, bank statements, burofaxes, messages, proof of income and the deposit receipt.

• Calculate what you owe, and check whether you can pay all the arrears to stop the eviction.

• Write to your landlord to try to negotiate.

Mistakes that make an eviction faster

• Ignoring the papers: Missing the deadline means the case moves ahead without you, as explained earlier on this page. You also stay liable for the debt, interest and court costs, and the landlord can seek to seize assets and income. Note the date you received the papers and respond within the 10 working days.

• Cutting all contact: Going silent closes the door to a deal. If you miss the deadline, legal options are limited and talking to the landlord may be all you have left. Keep writing to the landlord to negotiate, and ask your town hall's housing office about mediation. Keep copies of everything.

• Handing back the keys without a written agreement: The landlord may treat this as you leaving and still claim the arrears. You could lose the chance to stop the eviction by paying (enervación) or to use other defences. Only return keys against a signed agreement or a court record stating the return date, the state of the home, the debt and any waiver, ideally with a lawyer.

• Moving out without an agreement: Leaving does not cancel what you owe. The landlord can still claim arrears, interest and possibly costs, and you could end up with a judgment against you. Settle in writing first: the debt, the exit date and the release from further claims.

• Trusting every clause in the lease: A lease clause that cuts your legal rights as a tenant is void, but penalty clauses and default interest are valid within limits. Courts can reduce excessive penalties. Have a lawyer check any termination or penalty clause before you accept or pay what it demands.

Frequently asked questions

Can I just write to the court myself to oppose the claim?

No, To oppose an eviction claim you need a lawyer (abogado) and a procurador, and there is no exemption for small sums. You can still pay the arrears or leave the property without them.

What if I can't afford a lawyer?

You can ask for free legal aid (justicia gratuita), which gives you a free lawyer and procurador. Apply at the Colegio de Abogados or the court's legal aid service. Income limits are tied to the IPREM, generally 2 times the IPREM for one person and more for families. Some groups qualify whatever their income.

Can I still do something if I miss the deadline?

Your legal options become very limited, but you can often still negotiate with the landlord or ask for mediation. You remain responsible for the debt, interest and court costs. If your household is vulnerable, the court may involve social services and suspend the eviction.

Can I pay the arrears to stop the eviction?

Yes, if you pay the landlord, or deposit with the court, all the arrears claimed plus those that build up to the day you pay, before the hearing. This works only once per lease, so do not count on it a second time.