HOW CAN I START EVICTION PROCEEDINGS IN SPAIN?

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If you own a property in Spain and you decided to rent it,  and in case you are facing now the following circumstances, your could start eviction proceedings in Spain:

– In case the tenant is not paying the rent agreed in  the rental agreement.

– If the rental agreement period  has finished but the tenants still living on your property

– In case  there is somebody living in your  Spanish property without any contract.

According to the Spanish system, landlords must NOT cut off the utility supplies, change the locks or sell the property such actions could create bigger costs and even potentially criminal liability for coercion.

What do eviction proceedings consist of?

Eviction proceedings are a summary process, the end result of which is that the owner or landlord may recover vacant possession of the property. In proceedings for failure to pay the rent, it is possible to demand solely the return of vacant possession of the property or to claim, in addition, those amounts outstanding in terms of rent and other bills.

Procedure

To start the eviction proceedings in Court you will need to be assisted by a Spanish Lawyer and a Procurador. ( abogado y Procurador).

 If the tenant does not oppose the proceedings with a period of  TEN DAYS from the petition by the landlord, a date is set for the eviction and the tenant is ordered to make payment of the outstanding monies claimed, without the need for a hearing.Equally, it is possible to initiate eviction proceedings on the basis that the lease has terminated or against squatters ie where the property is occupied by a person or persons who are not authorized to do so.

In these circumstances, once the demand for eviction is presented and processed, the person(s) occupying the property have ten days to respond to the eviction demand, and a hearing shall only be convened when it is requested by either one or other of the parties. On the other hand, if neither party requests the hearing, and the judge dealing with the matter does not consider it necessary either, summary judgment is handed down.

If you have a property in Spain that you decided to rent and you need to start eviction proceedings now, you could call Fernández Abogados- Lawyers and we will inform you on details about the steps to follow.

Lourdes Fernández

Partner in Fernández Abogados- Lawyers based in Orihuela Costa

Phone: 0034 966730264 / info@fernandezabogado.es

 

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Fernández Abogados - Lawyers is a full- service  Law Firm located in Orihuela Costa, Playa Flamenca, Alicante.

The Law firm is widely experience in Family Law and Inheritance Law, Civil Law and Criminal Law. We are also jurist specializing on international Law.

 

CONTACT

 +34 966 730 264

info@fernandezabogado.es

Pablo Picasso, 1-2º local 10 
Playa Flamenca 03189 (Orihuela Costa) 

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