If you are thinking about an eviction claim in Spain, you should know that you can claim your unpaid rent and start legal action as soon as you tenants fail to pay once. The truth is that if you didn’t claim this unpaid rent before, the tenant can pay immediately and nullify the action, but the tenant will only have one chance to do that.

In this Law Firm we advise to start action as soon as the tenant fails to pay once, because most of the times the tenant never “recovers”, and unfortunately if he/she cannot pay once, probably he/she will not be able to pay the rent anymore.

The Eviction proceeding takes from 2 to 4 months to be solved, but this will depend on each Court. If the tenant doesn’t pay once and we start action immediately, you will “lose” rent of 3-5 months. If you wait 3 months to start action, which is what happens normally, you will lose more rents and it will be a bigger damage to you.

Please bear in mind that you can claim the eviction of the tenant and also the unpaid rent to recover the rents owed. We advise to claim the rent only if we are sure that the tenant has assets or funds to cover the debt.

Please contact us for further information.

  1. Joanne Higgins
    Joanne Higgins says:

    Hello I require assistance taking someone to court for unpaid rent, amounting to £3500 (sterling). Can you advice on the procedure?

    • Gonzalo Calderón Chao
      Gonzalo Calderón Chao says:

      You should have copy of the rental contract and also evidence that the tenants have not paid. If there are any unpaid bills for water or electricity you can claim that too. You will not need to prove if you are the owner (with title deeds) of the property. The process is very simple and takes from 2 to 4 months to be solved, but this will depend on each Court.
      The Court will ask the tenants to pay the debt and if they do, the action will be annulled. If they don’t pay and don’t contest the eviction claim, the Court will order the eviction of the tenants almost immediately.
      Please contact us for further information.

  2. jason kelly
    jason kelly says:

    I’m looking to evict a tenant in Spain, he hasn’t paid rent for over 2 months 800 Euros and owes 1600 euros on electric water and community charges.
    Jason Kelly