The Eviction Process in Andalusia, Spain

Initiating an eviction (known as desahucio) is highly regulated under the Spanish Civil Procedure Law (LEC) and the Urban Leases Act (LAU). Landlords must strictly follow judicial channels; engaging in "self-help" measures (like changing locks or cutting off utilities) are criminal offenses (coercion) under the Spanish Penal Code and will result in arrest and severe penalties.

Legal Grounds for Eviction

Article 27 of the Urban Leases Act (LAU) outlines the valid reasons a landlord can ask a court to terminate a lease and evict a tenant:

• Non-Payment: Failure to pay the core rent or other amounts assumed by the tenant in the contract (such as utilities, community fees, or the security deposit).
• Unauthorized Subletting: Subletting or assigning the lease without the express, written consent of the landlord.
• Intentional Damage: Causing willful damage to the property or undertaking unauthorized structural works.
• Nuisance or Illegal Acts: Using the property for annoying, unhealthy, noxious, dangerous, or illegal activities.
• Owner's Need (Necessity): Under Art. 9.3 LAU, the landlord may recover the property for use as a permanent residence for themselves, their first-degree relatives, or a spouse after divorce. This requires a specific contractual clause and 2 months' notice.

The Eviction Timeline in Andalusia

Despite colloquial terms like "express eviction," the process to remove a non-paying tenant in Andalusia typically takes between 6 to 12 months, and often longer if vulnerability is certified, depending on the workload of the local courts (Juzgados).

1. The Pre-Trial Demand (Burofax)

Before filing a lawsuit for non-payment, it is required to send a formal demand. The standard method in Spain is a Burofax with text certification and acknowledgment of receipt sent via the postal service. Giving the tenant 30 days to pay via Burofax prevents them from utilizing a legal loophole called enervación—where they pay the debt at the last minute in court to stop the eviction. If you do not send a Burofax 30 days prior to filing, the tenant can pay once to stay.

2. Filing the Lawsuit

If the Burofax fails, the landlord must file an eviction lawsuit (demanda de desahucio). Under Spanish law, this requires hiring both a lawyer (abogado) and a court representative (procurador).

Since the 2023 Housing Law, all eviction lawsuits must include mandatory declarations under Art. 439 LEC:

• Habitual Residence: Certification of whether the property is the tenant's primary home.
• Large Landlord Status: Declaration of whether the owner is a "Large Landlord" (owning more than 10 residential properties, or 5 in designated stressed areas). If the owner is not a large landlord, a certificate from the Land Registry must be attached to the lawsuit.

3. Court Decree and Tenant Options

The court issues a decree giving the tenant 10 days to respond. The tenant can:

• Leave the property voluntarily and hand over the keys.
• Pay the debt (enervar) to stay (only allowed once, and barred if a Burofax was sent 30 days beforehand).
• Oppose the lawsuit (requiring a trial date to be set). If the tenant does absolutely nothing within the 10 days, the judge will rule in favor of the landlord without needing a trial.

4. The Eviction Day (Lanzamiento)

If the judge rules in favor of the landlord, a firm date for the lanzamiento (the physical eviction) is set. The court must set a fixed date and time; open-ended dates are prohibited. On this day, court officials, a locksmith, and law enforcement (if necessary) arrive at the property to return possession to the landlord.

Vulnerability Suspensions

In Andalusia, as across Spain, recent socially protective laws allow courts to temporarily pause the eviction process if social services certify that the tenant is in a state of severe economic vulnerability.

While the 2025 Constitutional Court ruling (STC 26/2025) annulled the mandatory mediation requirement for large landlords at the national level, courts still require certification of the tenant's vulnerability status. If vulnerability is certified, the court may suspend the process for 2 months (for individual landlords) or 4 months (for large landlords) to allow social services to intervene.

Managing Risk

Protecting your investment starts with intense tenant screening and flawless documentation. Landager helps you maintain a pristine digital paper trail of all communications and payments, enabling you to act swiftly and provide your lawyer with exactly what they need should an eviction become necessary in Andalusia.

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