Search:     Go  
The Spanish Lawyer Online
The Spanish Lawyer Online

Spanish Law Tribune

Keeping up-to-date with Spanish Law
Home > Litigation, Property, Spanish Rentals > Express Eviction Law Passed by Congress

Express Eviction Law Passed by Congress

October 30th, 2009

This much-anticipated law was finally approved yesterday. It amends the Civil Procedural Law, the Tenancy Act (http://noticias NULL.juridicas NULL.com/base_datos/Privado/l29-1994 NULL.html) and the Commonhold Act (http://www2 NULL.icamalaga NULL.es/funcio/legales/coleg6/lphingles NULL.htm).

The gist of this new law is as follows:

  1. Timeframe reduced to file eviction law suit down from 2 months to 1. Landlords had to imperatively wait two months of unpaid rental before they could initiate the formal eviction procedure through the civil law courts. This has now been reduced to only one month’s waiting time.
  2. Swift execution of the eviction. The judge’s ruling will suffice to execute the eviction on the day and time that is agreed. The landlord is free to agree with his non-paying tenant to condone part of the debt providing the defaulting tenant leaves the property immediately. As from the ruling, the deadline to vacate the property has to be a statutory minimum of 15 days. It may even reach one year depending on what’s agreed.
  3. The whole legal procedure is substantiated through a verbal court procedure, as per Spain’s Procedural Law (this is not a novelty). This should be faster, in theory.
  4. The landlord can now waive the statutory long-term let of 5 years. He may now include clauses within the Tenancy Agreement in which this compulsory timeframe does not apply. i.e. a clause whereby it is stipulated that the property will be needed for the landlord’s own use or for his family’s. However, if after 3 months’ time the landlord or his family have not taken possession of the property, he will be forced to re-install his ex-tenant and award him a suitable compensation to offset the expenses of the move.
  5. Changes in the Community of Owners. Commoners will have to approve by simple majority (3/5) those improvements in the community whose aim is to be ecologically-friendly i.e. improved water or energy ducts. If these improvements can be individually enjoyed by the commoners then only a vote of 1/3 is required.

Source: El Mundo newspaper. (http://www NULL.elmundo NULL.es/elmundo/2009/10/29/suvivienda/1256805906 NULL.html?a=STAd673ea6dce5b7ad0a7c9d8eaad1e02ce&t=1256894335)

Related blogs and articles:

Litigation, Property, Spanish Rentals , , , , , ,

  1. diane
    January 16th, 2015 at 06:16 | #1

    My tenants refuse to pay rent, how is it possible yo get them out