Residential Eviction Process (Desahucio) in the Basque Country

The residential eviction process in the Basque Country is governed by the Spanish Urban Leases Act (LAU), effective since 1 January 1995, and the Civil Procedure Act (LEC). Under the Right to Housing Act (Law 12/2023), additional protections for vulnerable tenants have been introduced, making the process strictly judicial. Landlords are strictly prohibited from using "self-help" methods like changing locks or cutting off utilities, which are considered criminal offenses (coercion) under the Spanish Penal Code.

1. Legal Grounds for Eviction (Article 27 LAU)

A landlord can initiate the resolution of the contract and the subsequent eviction for several reasons:

• Non-payment of Rent or Utilities: Even a single month of unpaid rent is technically enough to start the process, although landlords typically wait for 2 months.
• Subletting without Consent: Renting out rooms or the whole property without the landlord's written permission.
• Malicious Damage or Unauthorized Works: Causing significant damage to the property or performing major renovations without consent (Art. 27.2.d).
• Nuisance and Illegal Activities: Engaging in activities that are annoying, unhealthy, harmful, or illegal on the premises.

2. The Crucial Role of the Burofax

Before going to court, the landlord should send a Burofax. This is not just a letter; it is a legally recognized method of notification in Spain.

• Stopping the "Enervación": Per Art. 22.4 of the LEC, a tenant can stop their first eviction by paying the full debt (enervación). However, if the landlord sends a Burofax demanding payment at least 30 days prior to filing the lawsuit, the tenant loses the right to "enervate."
• Strategic Use: While not a procedural requirement for filing a lawsuit, the Burofax is essential to ensure the eviction cannot be halted by a late payment. It also serves as proof in court that the landlord attempted to resolve the issue.

3. Law 12/2023 and the Judicial Phase

The Right to Housing Act (Law 12/2023) has significantly modified the eviction procedure in the LEC:

• Mandatory Mediation: If the landlord is a "Large Property Owner" (Gran Tenedor) and the tenant is vulnerable, they must undergo a mandatory mediation or conciliation process before the lawsuit is admissible (Art. 439.7 LEC).
• Specific Dates: The court must now specify the exact date and time of the eviction; "open-ended" evictions are prohibited.
• Vulnerability Suspension: If vulnerability is confirmed by social services, the court can suspend the process for up to 2 months if the landlord (plaintiff) is a natural person, or 4 months if the landlord is a legal entity (Art. 441.5 LEC).
• The Launch: On the day of the Lanzamiento, a judicial commission executes the order. If resistance is met, the Ertzaintza (Basque Autonomous Police) provides assistance.

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