Our litigation lawyers in Marbella would like to define the so known “juicio de desahucio en España”. The eviction trial is a Spanish judicial procedure, of which purpose is to recover the property by the landlord.

According to the Spanish Law, Welex, your Spanish law firm in Marbella would like to mentioned that there are three types of eviction trial’s:

  1. Spanish Eviction trial to claim non-payment amounts of rental or assimilate amounts

This is a Spanish litigation process that takes places when the tenant stops paying the rental and still living in the property.

The assimilate amounts are utilities bills pending payment by the tenant which are considerate as rental; it means that these amounts will be added to the rental due and claimed in the corresponding lawsuit.


2- Eviction for legal or contractual expiration of the rental contract in Spain

This Spanish eviction procedure takes place when the contract ends and the landlord does not wish to continue renting the property but the tenant is still living in the property.

It is important to mention that the duration of the lease will be freely agreed by the parties, but the tenant has the right to extend annually the contract until a minimal period of three years.

If the tenant wishes to finish the agreement before the referred period (three years), they have to communicate to the landlord within thirty days before the contract expires that they do not wish to continue renting the property.

  1. Eviction for precarious.

The eviction for precarious is a procedure that the landlord may use to recover the property that was given up to somebody for free.

Also it happens when somebody enters to a property in Spain without consent of the landlord.

Litigation lawyers in Marbella of our law firm Welex would like to mentioned that  referred evictions are a brief summary to the types of evictions in Spain and applicable exceptions have not been taken into account.

Tenants in Spain and their rights are protected by the Spanish law; every case is different and has to be studied carefully.

Welex, your ,multilingual  Law Firm in Marbella, Málaga. Our property lawyers in Marbella can help you initiate an eviction procedure and recover your Spanish property as soon as possible.

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Litigation in Spain