Cantabria Landlord-Tenant Laws: EVICTION PROCESS

The eviction process in Cantabria, as in the rest of Spain, is a strictly judicial procedure governed by the Ley de Enjuiciamiento Civil (LEC) (effective 7 January 2000) and the Ley de Arrendamientos Urbanos (LAU). Since May 2023, the Ley 12/2023 (Housing Law) has introduced significant procedural requirements. While all landlords must state whether the property is the tenant's primary residence and if the tenant is vulnerable, "large property holders" face additional mandatory mediation steps before proceeding with an eviction.

Grounds for Eviction

Under the LAU, a landlord in Cantabria may initiate eviction proceedings based on several grounds:

1. Non-payment of Rent: This triggers the Desahucio por falta de pago (eviction for lack of payment).
2. End of Lease Term: Known as Desahucio por expiración del plazo contractual.
3. Breach of Contract: Including unauthorized subletting, causing significant damage, or engaging in illegal/disturbing activities.
4. Owner's Necessity: If the landlord needs the property for their own primary residence or that of close relatives (under specific conditions).

Procedural Steps and Burofax

The process must begin with a formal, verifiable demand for payment or vacation of the property. In Cantabria, the standard instrument for this is the Burofax with acknowledgment of receipt and certificate of content (acuse de recibo y certificación de contenido). Sending a simple letter or email is insufficient to prove notice in a Spanish court.

• Payment Demand: If the eviction is for non-payment, the Burofax should give the tenant a final opportunity to pay.
• Loss of Right to Enervate: Under Art. 22.4 of the LEC, a tenant may "enervate" (stop the eviction by paying arrears) only once. This right is lost if the landlord serves a formal payment demand (Burofax) at least 30 days before filing the lawsuit and the tenant fails to pay within that window.

New Vulnerability Protections (Ley 12/2023)

The 2023 Housing Law mandates that "large holders" (grandes tenedores)—defined in Cantabria as individuals or entities owning 10 or more residential properties—must follow a mandatory conciliation or mediation procedure before filing for eviction if the tenant is in a vulnerable state. All landlords must declaration in their lawsuit whether the landlord is a large holder and whether the property is the tenant's primary residence.

• Large Holder Distinction: Stricter requirements apply to those with 10+ properties (or 5+ if the area is declared a "stressed zone"). Small holders are exempt from mandatory mediation but still face potential trial suspensions if vulnerability is proven.
• Suspension of Eviction: If a tenant is found to be vulnerable, the judge can suspend the eviction for up to 2 months (if the landlord is an individual) or 4 months (if a legal entity) while social services seek housing alternatives.

Regional Support in Cantabria

The Government of Cantabria provides mediation services through the Dirección General de Vivienda. Landlords are encouraged to seek professional legal counsel in Santander or Torrelavega to ensure that all procedural requirements of the LEC and the new Housing Law are met precisely, as any minor error can lead to the dismissal of the lawsuit.