Evicting a Tenant in Spain (Desahucio): Process & Timeline

When a tenant stops paying the rent or refuses to leave at the end of the contract, a Spanish landlord’s only lawful remedy is a court eviction — a desahucio. You cannot change the locks, remove belongings or cut off services. This guide explains the eviction process in Spain, the realistic timeline, and how to protect your position.

At Platinum Legal Spain, our English-speaking lawyers act for landlords (and tenants) in eviction proceedings across the Costa Blanca, Costa Cálida and Almería. Below is how the desahucio works in 2026, step by step.

When can you evict a tenant in Spain?

The main lawful grounds for eviction under the LAU are:

• Non-payment of rent or service charges (desahucio por falta de pago) — by far the most common.
• Expiry of the contract (desahucio por expiración del plazo) — the protected term has ended and the tenant will not leave.
• Serious breach of contract — unauthorised subletting, serious damage, illegal activity or nuisance.

Crucially, a tenant is not a squatter. Someone who entered with a contract and then stopped paying is removed through the desahucio process below. Illegal occupiers who never had permission (okupas) are dealt with under a different, faster procedure — do not confuse the two.

The eviction process, step by step

1. Formal demand (requerimiento). Before going to court we usually send a formal notice (often burofax) demanding payment or possession. This creates evidence and sometimes resolves matters without litigation.
2. Filing the claim (demanda). If there is no response, we file a demanda de desahucio at the court for the area where the property is located. For non-payment, rent arrears can be claimed in the same action (desahucio con reclamación de rentas).
3. Court admits the claim and notifies the tenant. The tenant is given a short window to pay, oppose, or vacate.
4. Enervación — the one-time cure. In non-payment cases the tenant can stop the eviction once by paying all arrears (unless they have already used this right or were formally warned). This is a key reason to send a proper prior demand.
5. Hearing and judgment (juicio verbal). If the tenant opposes, a short trial is held. If they do not, judgment is usually given without a hearing.
6. Eviction date (lanzamiento). The court sets a fixed date for repossession, carried out with a court officer and, if necessary, the police.

How long does an eviction take in Spain?

Timescales vary a lot by court workload, but as a realistic guide:

• An undefended non-payment eviction often takes around 4–8 months from filing to repossession.
• A defended case, or one involving a vulnerable household, can take a year or more.
• Where the tenant or occupants are deemed vulnerable, the court may pause the process while social services are consulted, under protections strengthened by the 2023 Housing Law.

Acting quickly matters: every month of delay is a month of lost rent. The sooner the prior demand and claim are filed, the sooner the clock starts.

Can you recover the unpaid rent?

Yes — in a non-payment eviction you can claim the arrears and ongoing rent up to repossession in the same proceedings, and obtain an enforceable judgment. Whether you actually collect it depends on the tenant’s assets; we advise realistically on recovery prospects before you spend on enforcement.

What landlords must NOT do

It is tempting, but unlawful, to take matters into your own hands. You must not:

• Change the locks or physically remove the tenant or their belongings.
• Cut off water, electricity or gas to force them out.
• Harass or threaten the tenant.

Any of these can expose the landlord to civil liability and even criminal charges (coacciones). The court route is slower but it is the only safe one — and a clean process protects your ability to recover the property and the money.

How a lawyer speeds things up

Eviction claims are technical and time-sensitive. We make sure the prior demand is correctly framed (preserving or removing the tenant’s enervación right where appropriate), the contract and arrears are properly evidenced, the claim is filed in the right court, and the lanzamiento is pushed to the earliest possible date. We can act for landlords living abroad under a power of attorney, and we coordinate the tax treatment of unpaid rent. For the wider context, see property disputes in Spain.

End-of-term eviction vs non-payment eviction

The two most common evictions follow slightly different paths:

• Non-payment (falta de pago) — the fastest-tracked route. Arrears can be claimed in the same action, and the tenant has the one-time enervación right to stop the eviction by paying everything owed (unless already used or properly warned).
• Expiry of term (expiración del plazo) — the protected term has ended, proper notice was given, and the tenant simply will not leave. There is no enervación here because nothing is owed; the issue is possession.

Identifying the correct ground and procedure at the outset avoids costly delays.

Why the prior demand (burofax) matters so much

Before court, we almost always send a formal demand by burofax (a legally certified communication). It does three things: it can prompt payment or departure without litigation; it creates dated evidence the court will rely on; and, crucially, a properly worded demand can remove the tenant’s enervación right in a future non-payment action, so they cannot repeatedly fall behind and then cure at the last moment. Getting this document right is one of the highest-value steps in the whole process.

What an eviction costs

Budget realistically. A typical eviction involves:

• Your lawyer (abogado) and a court agent (procurador) — both are normally required for these proceedings.
• Court and enforcement costs.
• Where you win, the court may order the tenant to pay your costs, though actually recovering them depends on their assets.

Against the cost of months of unpaid rent, acting quickly is almost always the cheaper option.

After the eviction: arrears and condition

Regaining the property is often only half the job. You may also need to enforce the judgment for arrears against the tenant’s assets, and to deal with the condition of the property and any damage beyond fair wear and tear, drawing on the inventory and deposit. We advise on whether enforcement is worth pursuing in each case.

Vulnerable occupants and social-services delays

Where the household is considered vulnerable, the 2023 Housing Law and related measures can require the court to seek a social-services report and may pause the eviction while alternatives are explored. This mainly affects large holders, but every landlord should factor in the possibility of additional time where vulnerability is raised.

Frequently Asked Questions

How long does it take to evict a tenant in Spain?

An undefended non-payment eviction typically takes around 4–8 months from filing to repossession; defended cases or those involving vulnerable households can take a year or more.

Can I change the locks if my tenant won’t pay?

No. Changing the locks, removing belongings or cutting utilities is unlawful and can be criminal. The only lawful route is a court eviction (desahucio).

What is enervación in a Spanish eviction?

It is the tenant’s one-time right to stop a non-payment eviction by paying all the arrears. It can usually be used only once, and not if the tenant was properly warned beforehand — which is why a correct prior demand matters.

Is a non-paying tenant the same as a squatter (okupa)?

No. A tenant who entered with a contract is removed through the desahucio process. An illegal occupier who never had permission is dealt with under a separate, faster procedure.

Can I claim the unpaid rent as well as evicting?

Yes. In a non-payment eviction you can claim the arrears and rent up to repossession in the same action and obtain an enforceable judgment; actual recovery then depends on the tenant’s assets.

Can you handle my eviction if I live abroad?

Yes. We act for non-resident landlords throughout, under a bilingual notarised power of attorney, so you do not need to travel to Spain for the proceedings.

How much does it cost to evict a tenant in Spain?

You normally pay a lawyer and a procurador, plus court and enforcement costs. The amount varies by case and value, but it is usually far less than the rent lost by delaying, and the court may order the tenant to pay your costs.

Can I evict a tenant whose contract has ended but who won’t leave?

Yes, through an end-of-term eviction (desahucio por expiración del plazo), provided the protected term has ended and the correct notice was given. There is no pay-to-stay cure in this route because the issue is possession, not arrears.

Do I need a procurador as well as a lawyer?

For eviction proceedings you normally need both an abogado (lawyer) and a procurador (court agent). We coordinate both for you, including for non-resident landlords acting under a power of attorney.

What is a burofax and why does it matter in an eviction?

A burofax is a legally certified letter. It can prompt payment or departure, creates dated evidence for the court, and — if correctly worded — can remove the tenant’s one-time right to stop a non-payment eviction by paying at the last minute.