Evictions in Spain: How to Recover Your Property Legally

Publicado el 16 de octubre de 2025, 19:01

Owning a property in Spain can be a great investment — until a tenant stops paying rent or refuses to leave once the contract ends. In these cases, Spanish law provides a clear legal process to help landlords recover their property, known as eviction proceedings (desahucio).

At Atlantic Law Tenerife, we regularly assist both residents and foreign owners in managing eviction cases quickly and efficiently, always aiming to resolve them with minimal stress and cost.


1. When can an eviction be filed?

 

An eviction can be initiated for two main reasons:

  • Non-payment of rent or utilities.

  • Expiry of the rental agreement when the tenant refuses to leave.

Other situations, such as illegal occupation (okupas) or unauthorised subletting, can also justify an eviction claim.

 

Before starting the court process, it’s common to send a formal demand letter giving the tenant a short period to pay or vacate voluntarily. In some cases, this alone is enough to reach a settlement.


2. How does the eviction process work in Spain?

 

The procedure is filed before the Court of First Instance where the property is located. The claim includes evidence of ownership, the rental contract, and proof of non-payment or expiry.

 

Once accepted, the court issues an eviction order (auto de desahucio). The tenant then has a short period (usually 10 days) to pay or oppose the claim. If there is no opposition, the court directly schedules the eviction date, and the landlord recovers possession with the assistance of the judicial commission and, if necessary, the police.

 

Recent reforms have made the process more streamlined, especially in clear cases of unpaid rent.


3. Express eviction procedure

Spain introduced an express eviction system to accelerate cases of non-payment or unlawful occupation. This procedure allows landlords to recover their property faster, provided all documentation is in order and the claim is filed correctly.

 

A lawyer and court representative (procurador) are required, but in many cases the landlord doesn’t need to attend in person — especially if they live abroad and have granted power of attorney to their lawyer.


4. Eviction of squatters

 

Illegal occupation (okupación) is treated differently from rental-related evictions. In such cases, the owner must prove that the occupants have no legal right to stay. The procedure is handled by the civil courts, but may also involve criminal proceedings if there is trespassing or property damage.

 

The eviction can usually be requested against unknown occupants, allowing the process to move forward even if their identities are not known.


5. What happens to unpaid rent?

In addition to recovering possession, the landlord can claim unpaid rent and damages through the same court process. If the tenant has assets or income in Spain, a seizure order (embargo) can be issued after judgment.


Even if the tenant leaves before the hearing, the landlord is still entitled to claim the outstanding amounts.

 


6. How long does an eviction take in Spain?

The timeline depends on the court’s workload, but on average, between 6 months to two years from filing to recovering the property. Express evictions can sometimes be resolved sooner. Having all documents in order and acting quickly through a specialised lawyer helps prevent unnecessary delays.

 


Many property owners in Tenerife live abroad and cannot handle proceedings personally. At Atlantic Law Tenerife, we represent landlords throughout the entire process — from sending pre-legal notices and negotiating with tenants to filing the claim and coordinating with court officials.

 

All communication is handled in English and Spanish, and we ensure that clients abroad are kept informed at every stage.