Spanish Rules Updated to Streamline “Speedy” Evictions of Tenants

30 June 2010

With the aim of promoting property rentals, Spanish legislators have modified some eviction claim rules; however, in daily practice, efficiency will continue to depend on the resources and workings of each court.

The following changes, amongst others, have been introduced:

1. the possibility of the lessor – the owner in the majority of cases – forgiving the lessee all or part of the overdue rent in exchange for voluntarily vacating the property within a short period of time;

2. the obligation of the defendant who wishes to be assigned a court-appointed attorney to so request within three days of receiving the first legal notification,

3. the possibility of notifying the defendants who cannot be located on the court bulletin board system and,

4. streamlining the notification of the ruling to the defendant and the repossession of the property to the claimant/lessor/owner.

Although some experts warn that this will not speed up the majority of evictions, others consider that if a court is well run and has sufficient resources, the times between claim, trial, ruling and eviction could be cut. Receiving payment of overdue amounts from the tenant is quite another matter.

For further information, please contact Alex Ensesa: