Galicia Commercial Landlord-Tenant Laws: EVICTION PROCESS
Step-by-step guide to the mandatory judicial eviction process for commercial properties in Galicia, Spain, under the LAU and LEC.
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This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Evicting a commercial tenant in Galicia is a strictly judicial procedure governed by the Spanish Urban Leases Act (LAU) and the Civil Procedure Law (Ley de Enjuiciamiento Civil - LEC, effective 8 January 2001). Landlords are prohibited from taking the law into their own hands, and any "self-help" measures, such as changing locks or cutting utilities, can lead to criminal charges.
1. Grounds for Termination (Art. 35 LAU)
Commercial leases (uso distinto del de vivienda) in Galicia can be terminated by the landlord for the following reasons, as per Article 35 of the LAU, which refers to Article 27.2:
- Non-payment of Rent: This is the most common cause. A single missed payment is legally sufficient to initiate the process.
- Unauthorized Subletting or Assignment: If the tenant sublets or assigns the lease without following the rules of Art. 32 LAU or the specific contract terms.
- Damages or Nuisance: Causing significant damage to the property or conducting activities that are harmful, unhealthy, or illegal.
- Failure to Pay the Security Deposit: Missing the initial or supplementary fianza payments.
2. The Pre-Litigation Phase: Formal Notice
Before filing a lawsuit, the landlord should send a formal demand for payment or performance via any reliable means (medio fehaciente) that provides certified proof of content and receipt.
- Purpose: It serves as definitive evidence in court that the tenant was notified.
- Preventing "Enervación": Under Art. 22.4 of the LEC, a tenant facing eviction for non-payment has a one-time right to stop the process by paying all arrears (enervación). However, if the landlord sends a demand for payment by any reliable means at least 30 days before filing the lawsuit, the tenant loses this right, and the eviction proceeds regardless of late payment.
3. The Judicial Process (Juicio Verbal)
The eviction is handled through a "Juicio Verbal," a faster legal proceeding designed for possession disputes.
- Requirement for Lawyer and Procurator: For most commercial evictions, both a lawyer (abogado) and a court representative (procurador) are mandatory, unless the amount claimed does not exceed 2,000 euros.
- The "Lanzamiento": This is the final step where court officials physically remove the tenant from the premises and return possession to the landlord.
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Sources & Official References
Frequently Asked Questions
▶What are the key landlord-tenant laws in Galicia?
Understanding the intricacies of Overview in Galicia, Spain is absolutely vital for landlords and property managers aiming to maintain strict legal compliance and optimize their real estate portfolios. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the eviction process for landlords in Galicia?
The eviction process in Galicia requires landlords to follow formal legal procedures established by both regional and national law. Valid grounds typically include non-payment of rent, lease violations, or the landlord's personal use of the property. Landlords must provide proper written notice, allow any required cure periods, and may need to obtain a court or tribunal order.
Read the complete guide▶What are the rent increase rules in Galicia?
Galicia has specific rules governing when and how landlords can increase rent, which may include caps on the percentage of increase, minimum notice periods, and restrictions on frequency. These rules may differ from national standards, so landlords must check regional regulations.
Read the complete guide▶What are the security deposit rules in Galicia?
Security deposit rules in Galicia govern how much landlords can charge, how deposits must be held or protected, and the timeline for returning deposits after a tenancy ends. Landlords must provide itemized statements of any deductions and comply with all regional and national statutory deadlines.
Read the complete guide▶What are the mandatory lease requirements in Galicia?
Lease agreements for rental properties in Galicia must comply with both regional and Spain national law. Required elements typically include the names of both parties, property description, rent amount and payment terms, deposit details, lease duration, and maintenance responsibility allocation.
Read the complete guide▶What are landlord maintenance obligations in Galicia?
Landlords in Galicia are required to maintain rental properties in a habitable condition, ensuring the structure, plumbing, electrical systems, and essential services are in proper working order. Regional laws in Galicia may impose additional requirements beyond the national standard.
Read the complete guide▶What are the late fee rules in Galicia?
Galicia has specific rules regarding late fees and penalties for overdue rent. These may include mandatory grace periods, caps on fee amounts, and restrictions on interest charges. Check both regional and Spain national regulations for the applicable rules.
Read the complete guide▶What disclosures must landlords provide in Galicia?
Landlords in Galicia must disclose relevant property information to prospective tenants before the lease is signed. Required disclosures may include known defects, environmental hazards, previous damage, and any conditions affecting the tenant's use of the property, in compliance with both regional and national law.
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