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If you have a rental agreement for a property in Spain subject to the law of urban leases, and you file an eviction claim, you must know how the new legislative amendment affects this type of procedure

By WeLex, your experience litigation lawyer in Marbella has the pleasure to write some line with regards to the Eviction procedure in Spain

Introduction of the Eviction procedure in Spain

The first change that we find in the Spanish legislative amendment put into operation by the Royal Decree-Law in Spain with the number 7/19, of March 1st, is the introduction in the sixth section of the first item of Article 249 of the Law of Civil Procedure, of the exception related to the ordinary procedure in order to redirect these procedures to the type of procedure that corresponds by reason of the amount when such can be estimated. Thus, if we are not dealing with Spanish procedures that the legislator has foreseen will be dealt with through a certain procedural class, the general rules of law shall be applied to determine the procedural channel in consideration of the amount of the process.

Therefore, the object of the Spanish Legal procedure needs to be assessed in order to determine the type of procedure. First, your one of the experienced litigation lawyers of our law firm in Marbella must determine whether we are dealing with matters related to urban rentals or rural properties, and then an assessment must be made, if possible, of the amount estimable, to determine if the ordinary procedure is applicable; that is, if the sum claimed is higher than 6,000 euros, as indicated by the legislator, in accordance with section two of Articles 249 and 250 of the Spanish Law of Civil Procedure.

Once the eviction procedure is initiated, Article 440 of the Law of Civil Procedure is modified in relation to the notice made to the defendant, including the indication of the exact day and time for the eviction order, warning from the first notification that the defendant, in case of failing to follow up the notice or opposing it, the eviction order will take place on the day and time indicated.

This indication of day and time also takes place in the case of opposition by the defendant.

 

WeLex, your experienced litigation lawyer in Marbella acting in Eviction procedures in Spain

Both clarifications are, to our knowledge, extremely optimistic, as it would be necessary to be aware of the specific circumstances of each judicial district to determine whether, in fact, the conditions can be met to fulfil the eviction order. Also, other circumstances in each judicial district should be taken into account, such as the workload, lack of material and human resources, and a long etcetera that leads to the fact that the claim of certainty at the time of the eviction order intended by the legislator becomes an external condition to the claim of judicial protection of the plaintiff.

The Spanish regulation also introduces, by virtue of section five of Article 441, an important legislative amendment in the eviction procedure in Spain. In a case where the defendant is in a situation of social and economic vulnerability, there will be a suspension of the procedure until social services can undertake the measures necessary to alleviate this need or, in other cases, after a period of one month or three months from the receipt of communication to such social services by the court, depending on whether the landlord is a natural person or a legal entity. Such communication will be made ex officio by the court and will require that they have confirmed that the tenants are in the aforementioned situation of social or economic vulnerability.

The experience litigation lawyers in Marbella are ware that the above might need any further clarification so do not hesitate to contact our English speaking law firm in Marbella now!

The requirement of the assessment by social services in Spain is configured as an authentic obstacle to the eviction order, as Article 549.4 establishes the obligation to have observed the assessment of the situation of vulnerability prior to the eviction order when the property is their habitual residence.

This requirement for the protection of the habitual residence in Spain is also observed in the procedure for the execution of mortgaged or pledged assets by including in Article 686 the obligation to obtain this report from social services on social or economic vulnerability with the same content.

As a corollary to the commentary on the legislative reform, we, as efficient litigation lawyers in Marbella must indicate that it is a burden for the administration of justice that, having the same means, must use them until the time of the launching.

Regarding Spanish social services, the absence of a unified criteria for the assessment of social or economic[1] vulnerability makes it a mere procedural delaying formalism, since it cannot be determined ad initio if the situation should be communicated to social services and, in any case, they are the ones responsible for assessing this situation of vulnerability.

Similarly, your litigation lawyer in Spain must disagree with the suspension itself: not because it does not serve a reasonable purpose of protecting citizens who are in a vulnerable situation, but because of the longer period it takes to make such an assessment, depending on whether the landlord is a natural person or not, since nothing impedes the work of social services when the lessor is a legal entity.

In short, the eviction procedure in Spain , which was already slow on many occasions, is burdened with other requirements and constraints that further delay its processing. We will have to wait for the judicial practice to see how these new requirements introduced by Royal Decree Law 7/19, of March 1st, take effect.

Do you have any questions about rental agreements on a property in Spain? Do you need any clarification regarding Spain’s eviction procedure? Do not hesitate to contact our litigation law firm in Marbella and team of economists in Spain at WeLex! Your multilingual Spanish litigation lawyer is at your disposal for any inquiry regarding the Spanish law!

[1] Although article 9.2 of the Spanish constitution agrees on the nature of the assessment of the situation of social or economic vulnerability, the autonomous communities have assumed ample competences in this aspect and have broken the unification of criteria in the assessment in function of the different autonomous communities.

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