What do I do if my tenant refuses to pay rent?

If your tenant refuses to pay you, don’t wait, evict them.

Many clients mistakenly wait months before coming to our law firm.

Unfortunately, as our lawyers will explain to you, the eviction process takes months. So, if you wait a long time before filing an eviction action, during the months you have waited to file, the length of time between initiating the process and achieving the expulsion or eviction of the tenant will increase.

The Spanish Parliament has tried to introduce rules which seek to expedite evictions, but in practice the courts are significantly overloaded with work, delaying the process. In fact, the law referred to as “express” eviction has been shown to be nowhere near “express”.

There are tenants who move from apartment to apartment, each time leaving behind unpaid rent. This is usually because they don’t have a seizable portion of income or savings, and so they know that, at least in the short or medium term, landlords and owners won’t be able to seize their money. Generally, this type of tenant hires lawyers to resist the eviction process, which delays the process by several months more. This is another reason to begin the eviction process as early as possible.

There are people who want to wait to file, thinking that the tenant refusing to pay will simply leave the flat. This doesn’t usually happen. The eviction process is cheap, but owning a home for which you are not receiving rent for months will be very costly. Resolve your issue as soon as possible by hiring our eviction lawyers.

I’m an owner: what happens if I’m not in Spain?

Many owners are foreigners who have invested their savings in housing which they rent out in Spain. If this is the case for you, there’s no need to return to Spain. We can do everything for you online.

How does the eviction process work?

You will need to hire a lawyer who will file the eviction claim.

In the event that the tenant doesn’t object to the eviction, the court will accept the claim and fix an eviction date.

In the case that the tenant does object to the eviction, the court will fix a court date.

If the tenant objects, there will be a court hearing which will allow the court to make a decision regarding eviction.

When the court decides to evict the tenant who has not paid their rent, an eviction date is usually set. If the court does not fix an eviction date, the lawyer will demand that one is fixed.

If you need to evict your tenant, contact our lawyers.

Piñera del Olmo

Granada del Penedès 10, entlo
08006 Barcelona

Phone: +34 93 514 39 97

Fax: +34 93 127 07 66