How do I evict tenants from my rented home if they stop paying me?

Many homeowners consult our Firm Pérez Parras Economists & Lawyers in Málaga and Nerja when their tenants stop paying the monthly rent.

What happens if a tenant stops paying the rent?

The owner can retrieve his property by asking for the eviction of the tenant

Eviction and Law 29/1994 of November 24, on Urban Leases

The answer to the question is that the Law protects the landlord when his tenant stops paying rent. The landlord can, through his lawyers, initiate a lawsuit in which two issues are claimed:

  • That the tenant leaves the house (eviction), and
  • That the tenant also pays the rent owed from previous months.

In addition to eviction and payment of rent amounts, the landlord may also request:

  • That the tenant be “forgiven” a portion of the debt, indicating the exact amount the tenant must pay for the landlord to accept the cancellation, and
  • That the tenant voluntarily vacates the dwelling within the period stated by the landlord, within 15 days of the claim notification.

Likewise, the landlord can ask the Court to execute the tenant’s expulsion (eviction) automatically: the Court will set the date and time of said eviction. That way, the landlord saves additional procedural steps by suing his lodger through the Court.

In addition, the owner can claim payment of the debts at the time the lawsuit is filed. Those that accrue later may also be demanded, up until the time the home is vacated.

It is interesting to know that the landlord can direct his claim against the lessee who does not pay the monthly rent as well as against the guarantor.

Significantly, to avoid eviction, a tenant has the option to pay the amounts owed.

Before the tenant’s summons specifies the Court hearing, the Court will ask your lodger to:

  • Leave your home
  • Pay the amounts they owe on the spot, in order to avoid eviction
  • Contest the claim by submitting a written response, justifying that they do not owe the amounts claimed, in whole or in any part
  • Accept the write-off (“forgiveness”) of the portion that the landlord sets in the claim, and agree to pay the rest of the debt.
The tenant may chose to ignore the Court hearing and accept eviction.
If the tenant does not go to the Court hearing, this implies that he is accepting the eviction.

If the tenant answers by opposing the eviction request:

  • The Court will issue a ruling with the date and time when the tenant will be expelled (Eviction Order, in legal terms).
  • the tenant’s expulsion period is always less than 30 days, from the date the trial hearing has been set.

On the other hand, if your tenant does not oppose the statement of claim, he or she will be accepting that the lease contract be terminated. In this case, the Court will indicate the day and time when the tenant must leave the dwelling he occupies.

It is very important that you know the past due amounts owed by your tenant, to which you have the right to claim.

If you encounter problems in your rental home, and your tenant does not respond to their contractual obligations, do not hesitate to consult our office of Economists & Lawyers in Malaga and Nerja .

We are experts in the field, and we can assist you from our offices in Malaga and Nerja, to solve your leasing problem.