Residential Evictions in the Balearic Islands

Suffering arrears and dealing with frequent rebellion or unwanted occupation in Balearic homes requires adhering to the strict national procedural canon established by the Spanish Civil Procedure Law (LEC), effective 8 January 2001, and the substantive grounds of the Spanish Urban Leases Act (LAU), effective 1 January 1995. Attempting to force out a tenant by cutting electricity or water in Ibiza will originate a serious criminal lawsuit (Coacciones against the Owner).

1. Grounds for Eviction (LAU Causes Art. 27 Balearics)

Initiating eviction before the courts in Palma, Ibiza, or Ciutadella is possible if the landlord establishes grounds such as:

• Rent or utilities defaults: A single missing payment allows the landlord to immediately initiate the eviction process without a prior notice period as a prerequisite for filing the lawsuit (Article 27.2.a LAU).
• Expiration of the lease agreement: The lease term has ended and the tenant refuses to vacate.
• Unhealthy, annoying, or illegal activities, and illegal sublease (e.g., sub-renting rooms to summer seasonal workers in Mallorca or Formentera without the owner's explicit written permission).

2. The Mandatory Burofax Requirement

To prevent the tenant's right of enervation (the legal right to pay the debt to stop the eviction process), it is recommended to:

• Send a formal, certified notification (Burofax with text certification and acknowledgment of receipt).

• Yield a period of thirty (30) days for the tenant to pay before filing the lawsuit. If the 30 days from the Burofax expire without payment, they will lose their legal right of enervation during the civil procedure.

3. From Expedited Order to the Civil Launch

Once the lawsuit is admitted by the court:

• The court will issue a Decree granting the tenant 10 working days to oppose the eviction or pay the debt.
• If the tenant does not answer, the court will issue an order fixing the exact date of the "Launch" (the physical eviction executed by judicial officials and, if necessary, the police) for the recovery of the property.

Notice of Delays in Vulnerable Housing (Balearics): If Social Services of the Insular City Council issue a report of severe vulnerability for the tenant, the judicial launch may be temporarily suspended for a few months while they attempt to find alternative accommodation.

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