Evicting tenants on short term contract

We have tenants in our villa in Spain on a temporary rental contract for a period of 11 months. They paid the initial months rent and the deposit but failed to pay the second months rent. As per the terms of the contract we gave them 5 days notice in writing to pay to which they replied that it was a mistake at the bank and that they would pay. It is now 15 days later and despite numerous requests for payment by us and delaying tactics by the tenants the rent remains unpaid. We have now given them until today to pay the rent into the bank or we want them to vacate the villa by tomorrow. We have confirmed this in writing and by telephone but do not think the rent will be paid or that they have any intention of moving out. We have booked a flight to Spain for Saturday and intend to throw them out if necessary (without the use of violence). Do we have the right to do this under Spanish law? Can the police stop us from taking back our villa? We have informed the tenants of our intention but need to know how we stand legally. Can you give us any advice?

Dear Sir/ Madam,

If you try to throw them out, ever so politely, you may find yourself sleeping in a Spanish jail this w/e.

Even though it's your property, you've signed a tenancy agreement with them whereby you relinquish possession on the property. Moreover, you have to request written permission from the tenant to enter the property (your property), regardless if he's paying or not the let.

You will have to hire a litigation lawyer to start an eviction procedure and have them removed from your property.

Please read my article on the matter:

How to Evict a Tenant who is not Paying the Rent - 17th December 2007



Can’t I just lock them out or cut-off the utilities and force them out this way ?

The problem in cutting off the utilities, or changing the locks to the property is that the landlord may be subject of having a criminal proceeding being filed against him.


Changing the locks without the tenant’s permission can be considered either coercion (delito de coacciones) or unlawful entry (delito de allanamiento de morada), or both. These acts are punishable under the Spanish Penal Code. There is ample Jurisprudence on the matter, and as an example we can cite the Supreme Court ruling of the 28th February 2000 (rec 4642/1998).


If the landlord decides to cut off the utility supply, either directly or indirectly (not paying the invoices), he may also be prosecuted for this act, as it is equally regarded as coercion.


In addition to this, the landlord will be breaching the rental contract and this weakens his legal position before a court on claiming eviction.

In any case, the debtor before the utility companies is the owner of the property, never the tenant. Any unpaid utility invoices will go against the property. The landlord will have to pay for all the expenses associated to reconnecting his property to the utility services as well as paying the invoices and any delay interests. For all the reasons outlined, this is not a recommended option.



Attempts to enter the rented property, your property, without the tenant's written permission may be regarded as illegal trespassing. Attempts to shut off the utilities or change the locks may be regarded as coercion. On all the afore you may be sentenced to jail in Spain as its happened to other landlords already.

My personal opinion is that the Government must change these laws as they are totally biased, for historical reasons no longer existent, towards tenants.

I take the opportunity to offer you our legal services for the eviction procedure. We act nationwide.

Please contact us if you are interested.

Yours faithfully,
Raymundo LarraÃ*n Nesbitt