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.
Legal Disclaimer
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: April 2026.
Evicting a commercial tenant in Galicia (whether in A Coruña, Vigo, or Santiago) is a strictly judicial procedure governed by the Spanish Urban Leases Act (LAU) and the Civil Procedure Law (Ley de Enjuiciamiento Civil - LEC). 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:
- 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: The Burofax
Before filing a lawsuit, the landlord should send a formal demand for payment or performance via Burofax (a postal service that provides a certified copy of the content and proof of 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 Burofax demanding payment at least 30 days before filing the lawsuit, the tenant loses this right, and the eviction proceeds regardless of late payment.
Judicial Eviction Timeline in galicia
Burofax Demand
Send a certified formal notice demanding payment or cure of breach.
Wait 30 Days
Wait 30 days to prevent the tenant from using the right of enervation.
File Lawsuit
Submit a claim for eviction and payment (Desahucio) to the Juzgado de Primera Instancia.
Court Decree
The court issues a decree setting a trial date and an eviction date (lanzamiento).
Eviction (Lanzamiento)
Judicial officers and police execute the physical eviction if the tenant remains.
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 almost all commercial evictions, both a lawyer (abogado) and a court representative (procurador) are mandatory.
- The "Lanzamiento": This is the final step where court officials physically remove the tenant from the premises and return possession to the landlord.
Back to Galicia Commercial Overview.
Sources & Official References
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