Eviction Costa Blanca, Alicante Torrevieja area

If you rented your property/or commercial premises to a company or individual and the tenant is not paying the rent agreed in the contract, even if the tenant owes you just one month rent, you can take them to court and request the eviction so they leave your property or commercial premises.

The eviction procedure can cover just the expulsion to make the tenant leave the house or premises or it can also include the claim of the debt owed by the leaseholder.

If this is the first time the leaseholder is delayed with the rent, once you have sued him/her and the judge has served him/her with the eviction claim, the leaseholder can pay all the amounts due and stop the case. If the leaseholder does that but sometime after he/she stops paying the rent again, he/she will not have the option to pay the debt to the court and stop the clearance against him/her for the second time.

There was a recent Act reform and once the leaseholder is served with the claim, if he/she does not contest the claim, the Court will directly fix the clearance date and there will not be a trial so the case will be finished fast and you will be able to get you house back very fast.

The article provides a comprehensive overview of the expulsion process in Spain, outlining the different types of evictions and the steps involved. Here’s a summary of the key points.

Types of Evictions in Spain:

1. For Non-Payment: This is the most common type of expulsion in Spain and occurs when a leaseholder fails to pay their rent.
2. End of Contract Period: Happens when the occupant continues to live in the dwelling after the rental contract has expired.
3. In Precarious: Occurs when an occupant is allowed to live in a property without a formal contract, often involving friends or family members.
4. Expulsion for Unauthorized Entry: This type of case is initiated when someone unlawfully occupies a property, such as in cases of squatting.

The Expulsion Process in Spain:

– The dislodgement process begins with a lawsuit filed by the landlord, which must be signed by both a lawyer and a representative (procurador) and include court fees and the rental contract.

– The court issues an order within a 30-day period normally, admitting the lawsuit to the judge and establishing trial and eviction dates.

– The occupant is notified of the lawsuit and given a 10-day period to pay the overdue rent.

– If the occupant fails to pay within the specified period, the lawsuit is decided in favor of the landlord, and the occupant is legally required to vacate the property.

– Occupants have several options, including catching up on rent within the 10-day period, paying before the trial date, filing a writ with an attorney and prosecutor to contest the dislodgement, or taking no action, which results in expulsion without a trial.

– There are exceptions where an expulsion cannot be annulled, such as when it’s the second lawsuit against the same tenant or when the landlord’s payment request through burofax or notary goes unanswered for 30 days.